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Code · STATUTES-AT-LARGE · Vol. 30 STAT. · Chapter 197

Chapter 197.

31,602 words·~144 min read·/statutes-at-large/vol-30/chapter-197·

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Chap. 197, vol. 27, p. 534, etc., repealed.system of highways in that part of the District of Columbia lying outside of cities,” be, and the same are hereby, repealed. Sec. 2. That the map known as “section one,” filed in the office of Map “section one,” annulled as to existing subdivisions, etc.the surveyor of the District of Columbia on the thirty-first day of August, eighteen hundred and ninety-five, under the provisions of said Act of Congress, be, and the same is hereby, annulled, so far as it covers existing subdivisions, and the Commissioners of the District of Columbia are hereby authorized and directed to forthwith withdraw the same from the office of the said surveyor and to discontinue all pending condemnation proceedings relating to subdivisions included within said map, and within ninety days from the passage of this Act 520FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 519, 534. 1898. Amended plan.to prepare amended plan for that part of “section one” outside of existing subdivisions under the terms of sections one to five of said Act, and said amended plan when recorded with the surveyor shall take the place and stand for any previous plan of “section one.” Providing grounds for educational, etc. institutions. —readjustment of streets. Sec. 3. That in order to provide grounds for educational, religious, or similar institutions, the Commissioners of the District of Columbia be, and they are hereby, authorized to abandon or readjust streets or proposed streets affecting localities that may be or that have been purchased *Proviso.* —limit.for such purposes: *Provided,* That under the authority hereby conferred no changes shall be made in existing subdivisions or in avenues or in important lines of travel.
Plat of readjustment. The plat of such readjustment, after being duly certified by said Commissioners, shall be forwarded to the commission consisting of the Secretary of War, the Secretary of the Interior, and the Chief of Engineers —approval of, etc.of the United States Army, and when approved by said commission or a majority thereof the change shall be recorded in the office of the surveyor of the District of Columbia, and become a part of the permanent system of highways, and take the place of any part inconsistent therewith.
Subdivisions recorded in section 1 prior to this act, etc., unaffected, etc. Sec. 4. That no subdivision or subdivisions made and recorded in section one of the highway plans prior to the date of the approval of this Act shall be affected or in any way changed by any map hereto fore approved and recorded or that may be hereafter approved and recorded under the provisions of this Act or of the Act hereby Location of highways south of Spring road, etc.amended; and no highways shall be located in section one through any unsubdivided or subdivided lands south of the Spring road that borders Holmead Manor, except such as are necessary to continue or connect existing streets abutting such lands.
Land subject to projected highway, use and disposition of pending condemnation. Sec. 5. That the owner or owners of land over or upon which any highway or reservation shall be projected upon any map filed under said Act of Congress shall have the free right to the use and enjoyment of the same for building or any other lawful purpose, and the free right to transfer the title thereof, until proceedings looking to the condemnation of such land shall have been authorized and actually begun. —of highway to be abandoned.And as to any highway or part of highway which by any such map is to be abandoned neither the right of those occupying or owning land abutting thereon or adjacent thereto, nor the right of the public to use such highway or part of highway, shall be affected by the filing of such map until condemnation proceedings looking to the ascertainment of the damages resulting from such proposed abandonment shall have been authorized and actually begun; nor shall the obligation of the —repairs.municipal authorities to keep the same in repair be affected until they are rendered useless by the opening and improvement of new high ways, to be evidenced by public notice by the Commissioners of the District, of Columbia.
Notice to landowners before approval of maps. Sec. 6. That said Commissioners shall not submit for approval to the highway commission created by section two of said Act any map or plan thereunder until the owners of the land within the territory embraced within such map shall have been given an opportunity to be heard in regard thereto by said Commissioners, after public notice to that effect for not less than fourteen consecutive days, excluding Sundays. Approved, June 28, 1898.
Chapter 534: Relating to the Washington, Woodside and Forest Glen Railway and Power Company, of Montgomery County, Maryland. 30 Stat. 520 1898-06-29 Chapter 534 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 534.— An Act Relating to the Washington, Woodside and Forest Glen Railway and Power Company, of Montgomery County, Maryland.
June 29, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Washington, Woodside Washington, Woodside and Forest Glen Railway, etc., may use tracks of the Brightwood Railway.and Forest Glen Railway and Power Company, of Montgomery County, Maryland, a corporation created, organized, and existing under and by virtue of the laws of the State of Maryland, shall have the right 521FIFTY-FIFTH CONGRESS. Sess.
II. Chs. 534, 535. 1898.to run its vehicles over the tracks of the Brightwood Railway Company, and to use the power of that company for propelling its cars, or to furnish power to that company for that purpose, upon such terms and conditions —terms, etc.as maybe mutually agreed upon; and in case said companies are unable to agree in regard thereto, either company may apply by petition to the supreme court of the District of Columbia, and after reasonable notice thereof to the other party said court shall, upon hearing and investigation being had. have full power to adjudicate and finally determine the terms and conditions upon which the joint use of said power and tracks shall be enjoyed; and the said companies are each hereby severally authorized to enter into any agreement with each other as may be necessary to insure a continuity of traffic over the tracks of said companies and under the management of either of said companies: *Provided,* That nothing contained herein shall operate to *Proviso.* Obligations of Brightwood Railway unaffected, etc.relieve the Brightwood Railway Company of any of its charter obligations, limitations, requirements, and restrictions, all of which shall remain in full force and effect, and shall be binding in all respects upon any company operating cars upon the route of said Brightwood Railway Company.
Sec. 2. That Congress reserves the right to amend or repeal this Act. Amendment. Approved, June 29, 1898. Chapter 535: To authorize the Montgomery-Elmore Bridge and Improvement Company to construct and maintain a bridge across the Alabama River near the city of Montgomery, Alabama. 30 Stat. 521 1898-06-29 Chapter 535 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 535.— An Act To authorize the Montgomery-Elmore Bridge and Improvement Company to construct and maintain a bridge across the Alabama River near the city of Montgomery, Alabama. June 29, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Montgomery-Elmore Montgomery-Elmore Bridge, etc. Company may bridge Alabama River.Bridge and Improvement Company, a corporation created and existing under an act of the general assembly of the State of Alabama for the purpose of constructing and maintaining the bridge hereinafter mentioned, be, and is hereby, authorized to construct and maintain a wagon, foot-passenger, and railroad bridge, or a bridge for any one or more of such purposes, across the Alabama River at such point as may be —location.selected by said company and approved by the Secretary of War, between the junction of the Coosa and Tallapoosa rivers and the city of Montgomery, in the State of Alabama, said bridge to be so constructed Obstruction of navigation. *Proviso.* Lawful structure and post route.as not to obstruct the navigation of said river, and to be provided with a suitable draw: *Provided,* That any bridge constructed under this Act and according to its limitations shall be a lawful structure, and shall be known and recognized as a post route, upon which no higher charge shall be made for transportation over the same of the mails, troops, and munitions of war of the United States than the rate per mile paid for their transportation over the railroad leading to such bridge, and the United States shall have the right of way for a postal telegraph across said bridge.
Sec. 2. That the bridge authorized to be constructed under this Act Secretary of War to prescribe regulations.shall be located and built under and subject to such regulations for the security of the navigation of said river as the Secretary of War shall prescribe; and to secure that object the said company or corporation shall submit to the Secretary of War, for his examination and approval, —to approve plans.a design and drawings of the proposed bridge and a map of the location giving, for the space of one-half mile above and one-half mile below the proposed location, the topography of the banks of the river, the shore lines at high and low water, the direction and strength of the currents, and the soundings, accurately showing the bed of the stream, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War no work upon the bridge shall be commenced, and should any change be —changes.made in the plan of said bridge during the progress of construction or 522FIFTY-FIFTH CONGRESS.
Sess. II. Chs. 535–537. 1898.after completion such change shall be subject to the approval of the Secretary of War. Amendment. Sec. 3. That Congress reserves the right to alter, amend, or repeal this Act at any time; and that if at any time navigation of said river shall in any manner be obstructed or impaired by the said bridge the Secretary of War shall have authority, and it shall be his duty, to require the said bridge company to alter and change the said bridge at Changes. —expense.its own expense in such manner as may be proper to secure free and complete navigation without impediment.
Draw. Sec. 4. That the draw of the bridge herein authorized to be constructed shall be opened promptly upon reasonable signal for the passing of boats; and said company or corporation shall maintain at its Lights.own expense, from sunset till sunrise, such lights or other signals on said bridge as the Light-House Board shall prescribe. Railroads. —equal rights to use of bridge. Sec. 5. That all railroad companies desiring the use of any railroad bridge constructed under this Act shall have equal rights and privileges relative to the passage of trains and cars over the same and over the approaches thereto upon payment of a reasonable compensation for —disagreement with owner of bridge.such use, and in ease of any disagreement between the owners of the bridge and any railroad company desiring its use, regarding the compensation to be paid or the conditions to be observed, all matters at issue shall be decided by the Secretary of War after a proper hearing;
Telegraph, etc., companies. Commencement and completion.and all telephone and telegraph companies shall be granted equal rights and privileges in the construction and operation of their lines across said bridge; and if actual construction of the bridge herein authorized shall not be commenced within one year from the passage of this Act, and be completed within three years from same date, the rights and privileges hereby granted shall cease and be determined. Approved, June 29, 1898.
Chapter 536: To designate Gladstone, Michigan, a subport of entry. 30 Stat. 522 1898-06-29 Chapter 536 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 536.— An Act To designate Gladstone, Michigan, a subport of entry. June 29, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That Gladstone, in the State Gladstone, Mich., made subport of entry.
R. S., sec. 2599, p. 514. Immediate transportation. Vol. 27, p. 12.of Michigan, be, and the same hereby is, designated a subport of entry in the customs collection district of Superior, and that the privileges of immediate transportation of dutiable merchandise without appraisement, as defined by the Act of June tenth, eighteen hundred and eighty, entitled “An Act to amend the statutes in relation to the immediate transportation of dutiable goods, and for other purposes,” be, and the same are hereby, extended to said subport.
Approved, June 29, 1898. Chapter 537: To provide for the construction of a bridge across Niagara River. 30 Stat. 522 1898-06-29 Chapter 537 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 537.— An Act To provide for the construction of a bridge across Niagara River. June 29, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the assent of Congress be, Niagara River.
Construction of bridge across.and the same hereby is, given to the company or corporation organized under chapter four hundred and eighty two of the laws of the State of New York, passed in the year eighteen hundred and ninety-two, as amended by chapter five hundred and six of the laws of said State, passed in the year eighteen hundred and ninety-three, which act as so amended is entitled “An Act to incorporate the Niagara River Bridge and Tunnel Company,” or any Act or Acts amendatory thereof or supplementary thereto, to erect a bridge across the Niagara River, or either Location.or both branches thereof, where the same separates to form Grand Island, at and from some point to be approved by the Secretary of War on the right or easterly bank of said river between the east line of lot FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 537. 1898.523numbered forty-six of the Mile Reserve (so called), in the county of Niagara and State of New York, and a point opposite the head of Grand Island, in the county of Erie, to some point in Canada on the left or westerly bank of said river, which said bridge maybe used for railroad and general traffic purposes, as provided in said laws of the State of New York: *Provided,* That from Grand Island to the main shore or *Proviso.* Passage way from Grand Island to eastern shore, etc.easterly bank of the Niagara River there shall be constructed as a part of any bridge to be built and maintained a convenient passageway, with proper and suitable approaches thereto, for vehicles, teams, and foot passengers, who shall be entitled to use such passageway on the payment of tolls or charges as may be fixed and from time to time revised by the Secretary of War of the United States.
Sec. 2. That any bridge which may be erected under the authority Obstruction of channel. Draw or pivot spans.of this Act shall be so located and constructed that the channels of said Niagara River shall not be unreasonably obstructed, and shall have two draw or pivot spans opening in the clear on each side of the pivot piers in such manner that one or both of the openings of said draw or pivot spans can be conveniently reached and passed by boats pursuing the ordinary channels of said river.
The Secretary of War is hereby directed to form a board, consisting of Board to determine width of.one engineer officer of the United States Army, one line officer of the United States Navy, and one officer of the United States Coast and Geodetic Survey, who shall, after examining the locality and giving full hearings to the parties interested, recommend to the Secretary of War the width of said draw or pivot spans authorized by this Act, and the assent of Congress is hereby given to the recommendation of said board, when approved by the Secretary of War.
Sec. 3. That the height at which such bridge shall be constructed Height of bridge.above the surface of the river shall be such as may be approved by the Secretary of War. Sec. 4. That any and all draw or pivot spans authorized by this Act Operation of draw.shall be operated by steam or electric power, or other reliable mechanical power, and shall be operated and opened promptly upon reasonable signals for the passage of boats, and in accordance with such regulations as may be prescribed in the premises by the Secretary of War.
Sec. 5. That the piers upon which said bridge is built shall be parallel Position of piers, etc.with the current of the river, and so constructed as to avoid producing cross currents or bars dangerous to navigation; and if after their construction any piers are found to produce any of the above mentioned effects, the same shall be changed and corrected by or at the expense of the corporation owning or operating said bridge, under the advice and direction of the Secretary of War.
Sec. 6. That it shall be the duty of the corporation erecting or operating Lights.a bridge under the provisions of this Act, to maintain, at its own expense, such lights or other signals on the bridge as may be required or prescribed by the Light-House Board for the security of navigation. Sec. 7. That any bridge constructed under this Act and according to Lawful structure and post route.its limitations shall be a lawful structure, and shall be recognized and known as a post route, over which the mails, troops, and munitions of war of the United Estates may be transported at no higher charge than is made for transportation of such mails, troops, and munitions of war over railroads and public highways leading to said bridge; and the United States shall have the right of way for postal telegraph lines and Telegraph, etc. lines.appliances across said bridge, and all telegraph and telephone companies shall have equal rights and privileges in constructing and maintaining their lines across said bridge.
Sec. 8. That before commencing work on any bridge contemplated Secretary of War to approve plans.or authorized by this Act it shall be the duty of the company or corporation about to construct the same to submit to the Secretary of War for his ex and nation and approval a design and drawing, including plans and specifications, of the bridge and piers and a map of the location, giving for the space of one-half mile above and one-half mile below the proposed location the topography of the bank of the river, the shore 524lines at high and low water, the direction and velocity of the current, and soundings showing accurately the bed of the stream, and such other and further information as the Secretary of War may require for a full and satisfactory understanding of the subject, and until said approval the construction of said bridge shall not be commenced. —may appoint board to supervise construction.
Sec. 9. That the Secretary of War may, in his discretion, appoint one or more army engineers as a board to supervise and personally examine the construction of said bridge, and that the proposed bridge shall only be a lawful structure when built as approved by the Secretary of War, who shall have authority, by and with the advice of the —changesengineers detailed by him as provided in the last section, to order such change in the construction, appliances, or location as he may deem necessary for the convenience of navigation.
Litigation. Sec. 10. That in case of any litigation from any obstruction or alleged obstruction to navigation created by the construction of any bridge under this Act the cause or question arising may be heard by the district or circuit court of the United States in and for the northern district of *Proviso.* Existing navigation laws unaffected.New York: *Provided,* That nothing in this Act shall be so construed as to repeal or modify any of the provisions of law now existing in reference to the protection of the navigation of rivers or exempt this bridge from the operation of the same.
State and municipal laws. Sec. 11. That the laws of the State of New York and the municipal laws and ordinances of any city or village in or from which said bridge may be constructed may be enforced on said bridge with the same force and effect as though said bridge was a public street or highway in said State or such city or village. Amendment. Changes in plans. Sec. 12. That the right to alter, amend, or repeal this Act is hereby expressly reserved; and if any change be made in the plan of the bridge constructed under this Act during the progress of the work thereon or after the completion thereof, such change shall be subject to the —approval.approval of the Secretary of War; and any change in the construction or any alteration of the bridge or the removal thereof or of any obstruction that may be directed at any time by Congress or the Secretary —expense.of War shall be made at the cost and expense of the owners of said bridge.
Railroads. —equal rights to use. Sec. 13. That all railroad and street railway companies desiring the use of said bridge shall have and be entitled to equal rights and privileges relative to the passage of railway trains and street cars over the same and over the approaches thereto, upon payment of a reasonable —disagreements of with owner of bridge.compensation for such use; and in ease the owner or owners of said bridge and the several companies, or any of them, desiring such use shall fail to agree upon the sum or sums to be paid and upon rules and conditions to which each shall conform in using said bridge all matters at issue between them shall be decided by the Secretary of War, upon *Proviso.* —subjection to interstate commerce laws.a hearing of the allegations and proof of the parties: *Provided,* That each and every railway company using the said bridge that shall carry or transport any passengers, goods, merchandise, or other personal property over the same from any part of the United States to be delivered in any other part of the United States shall in the carriage, transportation, and delivery of such passengers, goods, merchandise, or other property be subject to and comply with the laws known as the interstate-commerce laws of the United States and to all such regulations as may be prescribed under or by the authority of such laws.
Commencement and completion. Sec. 14. That this Act shall be null and void if actual construction of the bridge herein authorized be not commenced within one year and completed within three years from the date of approval hereof. Approved, June 29, 1898. Chapter 538: To amend section ten of an Act approved April twenty-second, eighteen hundred and ninety-eight, entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes.” 30 Stat. 525 1898-06-29 Chapter 538 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public FIFTY-FIFTH CONGRESS. Sess. II. Chs. 538, 540. 1898. 525 chap. 538.— An Act To amend section ten of an Act approved April twenty-second, eighteen hundred and ninety-eight, entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes.” June 29, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That so much of section ten of Army in time of war.the Act approved April twenty-second, eighteen hundred and ninety-eight, entitled “An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes,” as provides that “officers appointed or assigned to the staff Staff assignments volunteer officers. *Ante,* p. 363, amended.of commanders of army corps, divisions, and brigades shall serve only in such capacity, and that when relieved from such staff service such appointments or assignments shall terminate,” be, and the same is hereby, repealed, and that assignments of the officers of the volunteer —to be governed by Regular Army rules.staff shall be governed by the same rules and regulations as those of the Regular Army.
Approved, June 29, 1898. Chapter 540: Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. 30 Stat. 525 1898-06-30 Chapter 540 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-11-03 55 2 public chap. 540.— An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes.
June 30, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the half of the following District of Columbia appropriations.sums named, respectively, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and the other half out of the Half from District revenues.revenues of the District of Columbia, for the purposes following, being for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, namely:
GENERAL EXPENSES. General expenses. For executive office: For two Commissioners, at five thousand Executive office. Commissioners, secretary, etc.dollars each; Engineer Commissioner, one thousand seven hundred and sixty-eight dollars (to make salary five thousand dollars); secretary, two thousand one hundred and sixty dollars; two assistant secretaries to Commissioners, at one thousand dollars each; clerk, one thousand five hundred dollars; clerk, one thousand four hundred dollars; three clerks, one of whom shall be a stenographer and typewriter, at one thousand two hundred dollars each; messenger clerk, six hundred dollars; messenger, six hundred dollars; stenographer and typewriter, seven hundred and twenty dollars; driver, four hundred and eighty dollars; laborer, three hundred and sixty-five dollars; inspector of buildings, two thousand four hundred dollars; principal assistant inspector of buildings, who may perform and discharge any of the duties of the inspector of buildings, one thousand six hundred dollars; assistant inspector of buildings, one thousand two hundred dollars; four assistant inspectors of buildings, at one thousand dollars each; clerk, nine hundred dollars; messenger, four hundred and eighty dollars; janitor, seven hundred dollars; steam engineer, nine hundred dollars; fireman, four hundred and eighty dollars; two elevator opera tors, at three hundred and sixty dollars each; messenger, four hundred and eighty dollars; three watchmen, at four hundred and eighty dollars each; two laborers, at three hundred and sixty dollars each; property clerk, one thousand six hundred dollars; deputy property clerk, one thousand two hundred dollars; clerk, seven hundred and twenty dollars; messenger, six hundred dollars: inspector of plumbing, two thou sand dollars; five assistant inspectors of plumbing, at one thousand dollars each; harbor master, one thousand two hundred dollars; in all, fifty-three thousand five hundred and thirty-three dollars. 526 FIFTY-FIFTH CONGRESS.
Sess. II. Ch. 540. 1898. Assessor’s office. For assessor’s office: For assessor, three thousand five hundred dollars; three assistant assessors, at three thousand dollars each; two assistant assessors, at one thousand six hundred dollars each; two clerks, at one thousand four hundred dollars each; four clerks, atone thousand two hundred dollars each; draftsman, one thousand two hundred dollars; three clerks, at one thousand dollars each; assistant or clerk, nine hundred dollars; clerk in charge of records, one thousand dollars; clerk to board of assistant assessors, one thousand two hundred dollars; clerk, nine hundred dollars; license clerk, one thousand two hundred dollars; inspector of licenses, one thousand two hundred dollars; messenger and driver, for board of assistant assessors, six hundred dollars; in all, thirty-four thousand five hundred dollars.
Collector’s office. For collector’s office: For collector, four thousand dollars; deputy collector, one thousand eight hundred dollars: cashier, one thousand eight hundred dollars; bookkeeper, one thousand six hundred dollars; two clerks, at one thousand four hundred dollars each; two clerks, at one thousand two hundred dollars each; clerk and messenger, one thousand dollars; messenger, six hundred dollars; in all, sixteen thousand dollars. Auditor’s office. For auditor’s office:
For auditor, three thousand dollars; chief clerk, one thousand eight hundred dollars; bookkeeper, one thousand —disbursing officer. —appointment.eight hundred dollars; clerk, one thousand six hundred dollars; disbursing officer, who shall be appointed by the Commissioners of the District of Columbia, and shall give bond to the United States in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office in the disbursing and accounting, according to law, for all moneys of the United States and of the District of Columbia that may come into his hands, which bond shall be approved by the said Commissioners and the Secretary of the Treasury and be filed in the office of the Secretary of the Treasury, two thousand five hundred *Proviso.* —advances of money on requisition of Commissioners to be made to.dollars, to be immediately available: *Provided,* That hereafter advances in money shall be made on the requisition of said Commissioners to the said disbursing officer instead of to the Commissioners, and he shall account for the same as now required by law of the said Commissioners; two clerks, at one thousand four hundred dollars each; three clerks, at one thousand two hundred dollars each; clerk, one thousand dollars; messenger, six hundred dollars; in all, eighteen thousand seven hundred dollars.
Auditor to audit accounts before transmission to the Treasury. That hereafter all accounts for the disbursement of appropriations made either from the revenues of the District of Columbia or jointly from the revenues of the United States and the District of Columbia shall be audited by the Auditor of the District of Columbia before being transmitted to the accounting officers of the Treasury, unless otherwise specifically provided in the law making such appropriations: *Proviso.* Exceptions.*Provided,* That this provision shall not apply to disbursements on account! of the court of appeals and the supreme court of the District of Columbia, and for interest and sinking fund on the funded debt of the District of Columbia, which disbursements shall continue to be audited as heretofore provided by law.
Attorney’s office. For attorney’s office: For attorney, four thousand dollars; assistant attorney, two thousand dollars; special assistant attorney, one thousand six bundled dollars; law clerk, one thousand two hundred dollars: messenger, two hundred dollars; in all, nine thousand dollars. Sinking-fund office. For sinking-fund office, under control of the Treasurer of the United States: For clerk, one thousand five hundred dollars; clerk, nine hundred dollars; in all, two thousand four hundred dollars.
Coroner. For coroner’s office: For coroner, one thousand eight hundred dollars. Market masters. For market masters: For two market masters, at one thousand two hundred dollars each; one market master, nine hundred dollars; 527for hire of laborers for cleaning markets, one thousand two hundred dollars; in all, four thousand five hundred dollars. For office of sealer of weights and measures: For sealer Sealer of weights and measures.of weights and measures, two thousand five hundred dollars; assistant sealer of weights and measures, one thousand two hundred dollars; laborer, three hundred and sixty dollars; in all, four thousand and sixty dollars.
For engineer’s office: Record division: For chief clerk, one Engineer’s office.thousand nine hundred dollars; clerk, one thousand six hundred dollars; two clerks, at one thousand four hundred dollars each: three clerks, at one thousand two hundred dollars each; clerk, seven hundred and twenty dollars; two messengers, at four hundred and eighty dollars each; computing engineer, two thousand four hundred dollars; assistant engineer, one thousand six hundred dollars; two assistant engineers, at one thousand five hundred dollars each; three rodmen, at seven hundred and eighty dollars each; three chainmen, at six hundred and fifty dollars each; draftsman, one thousand two hundred dollars; inspector of streets, one thousand two hundred dollars; two assistant inspectors of streets, at one thousand two hundred dollars each; superintendent of streets, two thousand dollars; superintendent of county roads, one thousand five hundred dollars; superintendent of parking, one thousand two hundred dollars; assistant superintendent of parking, nine hundred dollars; clerk, nine hundred dollars; inspector of asphalt and cements, two thousand four hundred dollars; inspector of gas and meters, two thousand dollars; assistant inspector of gas and meters, one thousand dollars; messenger, four hundred and eighty dollars; superintendent of lamps, one thousand dollars; three inspectors of gas and electric lighting, at nine hundred dollars each; inspector of sewers, one thousand two hundred dollars; superintendent of sewers, two thousand four hundred dollars; general inspector of sewers, one thousand three hundred dollars; two assistant engineers, at one thou sand five hundred dollars each; draftsman, one thousand two hundred dollars; leveler, one thousand two hundred dollars; three rod men, at seven hundred and eighty dollars each; three chainmen, at six hundred and fifty dollars each; clerk, one thousand two hundred dollars; two clerks, at one thousand dollars each; two inspectors of property, at nine hundred and thirty six dollars each; two sewer tappers, at one thousand dollars each; permit clerk, one thousand two hundred dollars; assistant permit clerk, eight hundred and forty dollars; in all, sixty seven thousand four hundred and fifty-two dollars.
Special assessment office: For special assessment clerk, one Special assessment office.thousand seven hundred dollars; seven clerks, at one thousand two hundred dollars each; two clerks, at nine hundred dollars each; in all, eleven thousand nine hundred dollars. Street sweeping office: For superintendent, one thousand eight Street sweeping office.hundred dollars; assistant superintendent and clerk, one thousand six hundred dollars; clerk, nine hundred dollars; chief inspector of streets, one thousand two hundred dollars; three inspectors, at one thousand two hundred dollars each; ten inspectors, at one thousand one hundred dollars each; three assistant inspectors, at eight hundred dollars each; foreman of public dumps, nine hundred dollars; messenger and driver, six hundred dollars; in all, twenty-four thousand dollars.
Board of examiners, steam engineers: For compensation for Board of examiners, steam engineers.board of examiners of steam engineers in the District of Columbia, three, at three hundred dollars each, nine hundred dollars. That overseers, inspectors, and other employees temporarily required Payment of temporary employees; report.in connection with sewer, street, or road work, or the construction and repair of buildings and bridges, or any work authorized by appropriations, and all expenses incidental to or necessary for the proper execution of said work shall be paid from and equitably charged against the sums appropriated for said work; and the Commissioners of the District, in their annual report to Congress, shall report the number of 528such overseers, inspectors, and other employees, and their work, and the sums paid to each, and out of what appropriation.
Superintendent of charities. Superintendent of charities: For superintendent of charities, three, thousand dollars; messenger, eight hundred and forty dollars; traveling expenses, fifty dollars; in all, three thousand eight hundred and ninety dollars. Surveyor’s office. For surveyor’s office: For surveyor, three thousand dollars; assistant surveyor, one thousand eight hundred dollars; for such employees as may be required, in accordance with the provisions of the Act of Congress making the surveyor of the District of Columbia a salaried officer, five thousand two hundred dollars; in all, ten thou sand dollars.
Free Public Library. Free Public Library: For librarian, one thousand six hundred dollars; first assistant librarian, nine hundred dollars; second assistant librarian, seven hundred and twenty dollars; and for rent, fuel, light, fitting up rooms, and other contingent expenses, three thousand five hundred dollars; in all, six thousand seven hundred and twenty dollars. CONTINGENT AND MISCELLANEOUS EXPENSES. Contingent expenses. For contingent expenses of the government of the District of Columbia, namely:
For printing, checks, books, stationery; detection of frauds on the revenue; repairs of market houses, painting; surveying instruments and implements, drawing materials; binding, rebinding, repairing, and preservation of records; maintaining and keeping in good order the laboratory and apparatus in the office of the inspector of asphalt and cement; damages; care of horses not otherwise provided for, horseshoeing; fuel, ice, gas, repairs, insurance, repairs to pound and vehicles, and other general necessary expenses of District offices, including the sinking-fund office, office of the superintendent of charities, harbor master, health department, surveyor’s office, scaler of weights and measures’ office, and police court, twenty-three thou sand five hundred dollars; and the Commissioners shall so apportion *Proviso.* Horses, etc.this sum as to prevent a deficiency therein: *Provided,* That horses and vehicles appropriated for in this Act shall be used only for official purposes.
Engineer department stables. For contingent expenses of stables of the engineer department, including forage, livery of horses, shoeing, purchase and repair of vehicles, purchase and repair of harness, blankets, lap robes, purchase of horses, whips, oil, brushes, combs, sponges, chamois skins, buckets, halters, jacks, rubber boots and coats, medicines, and other necessary articles and expenses, five thousand dollars; and no expenditure on account of the engineer department for the items named in this para graph shall be made from any other fund.
Rent, furniture, etc For rent of District offices, nine thousand dollars. For furniture for municipal building, one thousand five hundred dollars. For rent of old record vault, six hundred dollars. For rent of property yards, three hundred dollars. Collecting personal taxes. For necessary expenses in the collection of overdue personal taxes by distraint and sale and otherwise, and for other necessary items, one thousand five hundred dollars. Judicial expenses. For judicial expenses, including procurement of chains of title, the printing of briefs in the court of appeals of the District of Columbia, and witness fees in District cases before the supreme court of said District, one thousand dollars.
Coroner’s expenses. For livery of horse or horse hire for coroner’s office, jurors’ fees, removal of deceased persons, making autopsies, ice, disinfectants, and other necessary supplies for the morgue, and the necessary expenses of holding inquests, including stenographic services in taking testimony, and photographing unidentified bodies, eight hundred dollars. Morgue. For repairs and equipment of the morgue, one thousand dollars. 529 For general advertising, authorized and required by law, and for tax Advertising.and school notices and notices of changes in regulations, two thousand five hundred dollars.
For advertising notice of taxes in arrears July first, eighteen hundred Notice of arrears of taxes. Vol. 26, p. 24.and ninety-eight, as required to be given by Act of March nineteenth, eighteen hundred and ninety, seven thousand dollars, to be reimbursed by a charge of one dollar and twenty cents for each lot or piece of property advertised. To enable the assessor to continue account of arrears of taxes on real property, due the District of Columbia, including the payment of necessary clerical force, two thousand dollars.
For arranging old records for ready reference and use, including services Arranging old records.and materials, one thousand five hundred dollars. To enable the register of wills to compare, correct, and reproduce Reproducing old will books, register’s office.certain records, or will books, in his office, including clerical service, purchase of books and necessary equipments, two thousand dollars. For special repairs to market houses, two thousand five hundred dollars. Market houses.
For the enforcement of the game and fish laws of the District of Enforcing game and fish laws.Columbia, to be expended under direction of the Commissioners, five hundred dollars. PLATS OF SUBDIVISIONS OUTSIDE OF WASHINGTON. To pay the expenses of such surveys as may be necessary to enable Surveys and plats of outside subdivisions.the Commissioners of the District to determine whether plats of sub divisions of land within said District offered for record have been made in conformity to the “Act to regulate subdivision of land within the District of Columbia,” approved August twenty seventh, eighteen hundred Vol. 25, p. 451.and eighty-eight, two thousand dollars.
PERMANENT SYSTEM OF HIGHWAYS. To pay the expenses of completing a plan for the extension of a permanent Extension of highways. Vol. 27, p. 532.system of highways in conformity with the “Act to provide a permanent system of highways in that part of the District of Columbia lying outside of cities,” approved March second, eighteen hundred and ninety-three, six thousand dollars; to be paid wholly out of the revenues of the District of Columbia: *Provided,* That of this sum so much as *Proviso.* Consultation services.may be necessary may be expended by the Commissioners of the District of Columbia for consultation services by Frederick Law Olmsted, or other eminent landscape architect, on the said extension of a permanent system of highways.
For advertising and court expenses necessary for the execution of Advertising and court expenses.the Act entitled “An Act to provide a permanent system of highways in that part, of the District of Columbia lying outside of cities,” approved March second, eighteen hundred and ninety-three, ten thousand dollars, to be paid wholly out of the revenues of the District of Columbia. ASSESSMENT AND PERMIT WORK. For assessment and permit work, one hundred and twenty-five thousand dollars.
Advertising and court expenses. IMPROVEMENTS AND REPAIRS. Improvements and repairs. For work on streets and avenues named in Appendix G g, Book of Streets and avenues.Estimates, eighteen hundred and ninety-nine, one hundred and sixty thousand dollars, to be expended in the discretion of the Commissioners upon streets and avenues specified in the schedules named in said appendix and in the aggregate for each schedule as stated herein, namely: Georgetown schedule: Fourteen thousand four hundred dollars.Allotment. 530 Northwest section schedule:
Forty-six thousand four hundred dollars. Southwest section schedule: Twenty-two thousand four hundred dollars. Southeast section schedule: Thirty-five thousand two hundred dollars. Northeast section schedule: Forty-one thousand six hundred dollars. *Proviso.* Order of procedure. *Provided,* That the streets and avenues shall be contracted for in the order in which they appear in said schedules, and be completed in such order as nearly as practicable. Limit for concrete or asphalt pavement.
That under appropriations contained in this Act no contract shall be made for making or repairing concrete or asphalt pavement at a higher price than one dollar and eighty cents per square yard for a quality equal to the best laid in the District of Columbia prior to July first, *Proviso.* Increase for certain streets.eighteen hundred and eighty-six, and with same depth of base: *Provided,* That these conditions as to price and depth of base shall not apply to those streets on which, in the judgment of the Commissioners, by reason of heavy traffic, poor foundation, or other causes, a pavement of more than ordinary strength is required, in which case the limit of price may be increased to two dollars per square yard.
B street. For paving B street between First and North Capitol streets north-west and between North Capitol street and Delaware avenue northeast, ten thousand five hundred and fifty dollars. East Capitol street. For paving Fast Capitol street, from Eleventh to Thirteenth street, south side of Lincoln Park, eight thousand dollars. Seventh street. For paving with vitrified block or asphalt Seventh street, bet ween E and G streets northwest, eight thousand dollars, to be immediately available.
Twelfth street. For completing asphalt pavement of Twelfth street from East Capitol street to B street northeast, four thousand dollars. Tennessee avenue. For paving with asphalt Tennessee avenue from East Capitol street to B street northeast, seven thousand dollars. Grading. Grading streets, alleys, and roads: For purchase and repair of cars, carts, tools, or the hire of the same and horses, to be used by the inmates of the Washington Asylum in the work of grading, and pay of dump men needed to carry out the work, seven thousand dollars.
Condemnation of streets, etc. Condemnation or streets, roads, and alleys: For purchase or condemnation of streets, roads, and alleys, one thousand dollars. SEWERS. Sewers. Cleaning, etc. For cleaning and repairing sewers and basins, fifty thousand dollars. Replacing. For replacing obstructed sewers, twenty-five thousand dollars. Main, pipe, etc. For main and pipe sewers and receiving basins, fifty thousand dollars. Suburban. For suburban sewers, sixty thousand dollars. For continuing contract on the Tiber Creek and New Jersey avenue high-level intercepting sewer, one hundred and fifty thousand dollars.
For constructing, in part, the northerly portion of the Tiber Creek and New Jersey avenue high-level intercepting sewer, twenty thousand Contracts authorized.dollars. And the Commissioners of the District of Columbia are authorized to enter into a contract for the construction of said northerly portion of said sewer, commencing at the terminus of the sewer at the Capitol grounds already under contract, and running northerly to near the intersection of New Jersey avenue and D street northwest, at a cost for its completion not to exceed one hundred and fifty thousand dollars, to be paid for from time to time as appropriations may be made by law; and said Commissioners are authorized to construct said sewer, where necessary, across lands belonging to the United States, and as soon as practicable thereafter the excavated portions of said lands shall be restored to their original condition from the appropriations made for said construction. 531 For the purchase or condemnation of necessary land, and preparing Sewage pumping station.plans for the construction of a sewage pumping station under the improved project for sewage disposal in the District of Columbia, twenty-five thousand dollars.
For purchase or condemnation of rights of way for construction, Condemnation of rights of way, etc.maintenance, and repairs of public sewers, one thousand dollars, or so much thereof as may be necessary. For automatic flushing tanks, one thousand dollars. Automatic flushing tanks. STREETS. Streets. Repairs streets, avenues, and alleys: For current work of Repairs.repairs of streets, avenues, and alleys, including resurfacing and repairs to concrete pavements with the same or other not inferior material, one hundred and eighty thousand dollars.
And this appropriation shall Street railways. Vol. 20, p. 106.be available for repairing the pavements of street railways when necessary; the amounts thus expended shall be collected from such railroad company as provided by section five of “An Act providing a permanent form of government for the District of Columbia,” approved June eleventh, eighteen hundred and seventy-eight, and shall be deposited to the credit of the appropriation for the fiscal year in which they are collected.
For replacing and repairing sidewalks and curbs around public reservations Sidewalks, etc.and municipal buildings, five thousand dollars. Repairs county roads: For current work of repairs of county roads and suburban streets, fifty thousand dollars. Construction of county roads: For construction of county roads Construction of county roads.and suburban streets, as follows: For paving Harrison street, Anacostia, from Navy-Yard Bridge eastward, Harrison street, Anacostia.ten thousand dollars;
For paving North Capitol street, from Florida avenue to R street, North Capitol street.seven thousand dollars; For establishing the grade and improving Michigan avenue to a Michigan avenue.width of one hundred feet from the southerly boundary of the Soldiers’ Home grounds, five thousand dollars; For paving Sixteenth street extended, from the south side of Florida Sixteenth street extended.avenue to the north side of Morris street, fifteen thousand dollars; For the improvement of Connecticut avenue, west of Rock Creek, Connecticut avenue.ten thousand dollars;
For paving Sixth street, from Florida avenue to Spruce street, Le Sixth street.Droit Park, two thousand five hundred dollars; For grading and regulating Illinois avenue, two thousand five hundred dollars; Illinois avenue. For grading and paving Kenyon street between Thirteenth and Kenyon street.Fourteenth streets, three thousand dollars. That in consideration of the dedication of the land necessary for the North Capitol and First streets.opening of North Capitol street and First street through the land of the heirs of David Moore by the owners thereof, free of compensation therefor, and waiving all claim to the award of twenty-one thousand and seventy-eight dollars heretofore confirmed by the District courts, the Commissioners of the District of Columbia are hereby directed to Grading, etc., of.improve said streets by grading the same the entire width thereof, and laying water mains, granite curb, granolithic sidewalk, and sewers, and No assessment against heirs of David Moore.that no assessments for any of said work shall be levied upon any of the said land of said heirs of David Moore; and any assessments heretofore levied for any such works on the line of First street shall be canceled; the grading of North Capitol street and other said improvements to be paid for out of the fund appropriated in this Act under items for assessment and permit work, sewers, and laying new water mains and repairs of county roads, so far as shall be necessary.
For paving Belmont avenue between Eighteenth street extended and Belmont avenue.Columbia road, one thousand dollars; 532 Kalorama avenue. For grading and regulating Kalorama avenue between Eighteenth street and Columbia road, five hundred dollars; Brookland. For grading and regulating Providence, Lansing, Hartford, Tenth and Twelfth streets, Brookland, and completing improvements, and improving the connection between Twelfth street and Brentwood road, eleven thousand dollars; in all, sixty seven thousand five hundred dollars: *Proviso.* Changing names of streets, etc.*Provided,* That the Commissioners of the District of Columbia shall hereafter have the power and authority to change the name of any street, road, avenue, or other highway whenever any two of such highways have the same name.
Sprinkling, sweeping, etc., streets. Sprinkling, sweeping, and cleaning: For sprinkling, sweeping, and cleaning streets, avenues, alleys, and suburban streets, one hundred *Proviso.* Expenditure without contract, etc.and forty-five thousand dollars: *Provided,* That not exceeding the sum of fifteen thousand dollars of the amount so provided may be expended under the immediate direction of the Commissioners without contract; and said fifteen thousand dollars shall be so expended and the accounts thereof so kept as to show the comparative cost of hand sweeping by day labor and under contract.
Cleaning snow and ice. Vol. 28, p. 809. For cleaning snow and ice from cross walks and gutters, and so forth, under the Act approved March second, eighteen hundred and ninety-five, one thousand dollars. Parking commission. For the parking commission: For contingent expenses, including laborers, cart hire, trees, tree boxes, tree stakes, tree straps, planting and care of trees on city and suburban streets, whitewashing, care of parks, and miscellaneous items, twenty-two thousand five hundred dollars.
Lighting. Lighting: For illuminating material, lighting, extinguishing, repairing, and cleaning, public lamps on avenues, streets, roads, and alleys; purchasing and expense of erecting and maintaining new lamp posts, street designations, lanterns, and fixtures; moving lamp-posts, painting lamp-posts and lanterns; replacing and repairing lamp-posts and Ianterns damaged or unfit for service; for storage and cartage of material, *Provisos.* Limit per lamp.one hundred and sixty-six thousand dollars: *Provided,* That no more than twenty dollars per annum for each street lamp shall be paid for gas or oil, lighting, extinguishing, repairing, painting, and cleaning, To burn every night.
Self-regulating burner and tip.under any expenditure provided for in this Act: *Provided,* That all of said lamps shall burn every night, on the average, from forty-five minutes after sunset to forty-five minutes before sunrise: *Provided further,* That before any expenditures are made from the appropriations herein provided for, the contracting gas companies shall equip each street lamp with a self-regulating burner and tip, so combined and adjusted as to secure, under all ordinary variations of pressure and Experimental lamps.density, a consumption of five cubic feet, of gas per hour: *And provided-further,* That not more than one thousand dollars of said appropriation may be expended for lighting, extinguishing, repairing, painting, and cleaning public lamps of an experimental character, which lamps shall not be subject to the restrictions of this paragraph excepting as to the time of burning.
Electric lighting. For electric arc lighting, including necessary inspection, in those streets now lighted with electric arc lights in the city of Washington, and for extensions of such service along the lines of lawful conduits now existing, including conduits authorized by this Act, Connecticut avenue between Farragut square and Florida avenue; Indiana avenue and C street from Fourth street northwest to Delaware avenue north east; and East Capitol street from First to Eleventh streets, not exceeding *Proviso.* Limit.sixty thousand dollars: *Provided,* That not more than twenty-five cents per night shall be paid for any electric arc light burning from forty-five minutes after sunset to forty-five minutes before sunrise, and operated wholly by means of underground wire; and each are light Overhead wires.shall be of not less than one thousand actual candlepower, and no part of this appropriation shall be used for electric lighting by means of wires that may exist on or over any of the streets or avenues of the city of Washington. 533 Harbor and river front:
For the improvement and protection Harbor and river front.of the harbor and river front, the enforcement of laws and regulations, construction and maintenance of wharves and buildings, and for other necessary items and services, two thousand six hundred dollars. Bathing beach: For the care and repair of the public bathing Bathing beach.beach on the Potomac River, in the District of Columbia, one thousand dollars. That any balance remaining of the appropriation “toward adapting the inner basin on the Potomac Flats for a public bathing pool,” contained in “An Act making appropriations to provide for the Vol. 29. p. 401.expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes.” approved June eleventh, eighteen hundred and ninety-six, which remains unexpended, may be applied by the Com missioners of said District for the ex and nation, improvement, repair, and care of the public bathing beach on the tidal reservoir.
For public scales: For repair and replacement of public scales, Public scales. *Proviso.* Change of location.two hundred dollars: *Provided,* That hereafter the Commissioners of the District of Columbia may change the location of any public scale in said District whenever they may deem such change in the public interest. For public pumps: For the purchase, replacement, and repair of Pumps.public pumps, cleaning and protecting public wells, tilling abandoned or condemned public wells, and drilling deep wells, ten thousand dollars, to be immediately available.
BRIDGES. Bridges. For ordinary care of bridges, including keepers, oil, lamps, and matches, four thousand dollars. Care. For construction and repairs of bridges, fifteen thousand dollars. Repairs, etc. Toward the construction of a foundation for a bridge across Rock Rock Creek.Creek on the line of Connecticut avenue extended, twenty-five thousand dollars. Toward the construction of foundations for a bridge across Rock Creek on the line of Massachusetts avenue extended, twenty-five thousand dollars.
WASHINGTON AQUEDUCT. Washington Aqueduct. For engineering, maintenance, and general repairs, twenty-one thousand dollars. Maintenance. For repairing the conduit road, one thousand dollars. Conduit road. To enable the proper officer of the Government having charge of the Filtering the water supply.Washington Aqueduct and the water supply to the city of Washington to make an investigation of the feasibility and propriety of filtering the water supply of Washington and to submit to Congress a full and —report.detailed report thereon, and to meet all necessary expenses of said investigation, three thousand dollars.
Said report shall be accompanied —estimate of cost.by a detailed estimate of the cost of the work required, and in making the investigation and in the preparation of this report the Chief of Engineers, United States Army, shall be associated with the proper officer of the Government in the charge of the Aqueduct as consulting engineer. Washington Aqueduct Tunnel: The Secretary of War is hereby Washington Aqueduct Tunnel. Completion of work authorized. Vol. 22, p. 169.authorized and directed to resume work on the Washington Aqueduct Tunnel and its accessories and the Howard University Reservoir, authorized by section two of the Act approved July fifteenth, eighteen hundred and eighty-two, entitled “An Act to increase the water supply of the city of Washington, and for other purposes,” and to prosecute and complete the same; the work on the said tunnel and accessories to be carried on in accordance with the plans of the board of experts as set forth in its report dated January seventeenth, eighteen hundred and ninety-six, House Document Numbered One hundred and sixty six, Fifty-fourth Congress, first session, which plans have been approved by 534the Chief of Engineers and the Secretary of War.
And to carry out Unexpended balance reappropriated, etc.the provisions of said Act and this paragraph, the balance remaining unexpended from the appropriations made by the said Act of July fifteenth, eighteen hundred and eighty-two, and by subsequent Acts for said purpose, amounting to two hundred and ninety seven thousand two hundred and ten dollars and fifty cents, is hereby reappropriated, to be advanced out of the revenues of the United States, and not subject to the conditions of the capital account created by the Act of July fifteenth, eighteen hundred and eighty two, and the sum of two hundred and ninety-seven thousand two hundred and ten dollars and fifty cents is also hereby appropriated out of the surplus general revenues of the District, of Columbia, to be applied to such parts of the work and in such order as to time as the Secretary of War may deem necessary to promote as soon as practicable the completion of the entire *Proviso.* Appropriations immediately available.
Contracts, etc.system of said works: *Provided,* That the sums herein set apart and appropriated shall be immediately available and shall be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers; and the work shall be carried on by contract or otherwise, as the Secretary of War may deem best for the public interests. PUBLIC SCHOOLS. Public schools. Superintendent, clerks, etc. For officers: For superintendent first eight divisions, three thou sand three hundred dollars; superintendent ninth, tenth, and eleventh divisions, two thousand two hundred and fifty dollars; clerk to super intendent of first eight divisions and secretary to board of trustees, one thousand two hundred dollars; clerk to superintendent of ninth, tenth, and eleventh divisions, eight hundred dollars; messenger to superintendent first eight divisions, three hundred dollars; messenger to superintendent ninth, tenth, and eleventh divisions, two hundred dollars; in all, eight thousand and fifty dollars.
Teachers. For teachers: For one thousand one hundred and forty-three teachers, to be assigned as follows: For one, at two thousand five hundred dollars; For eleven, at two thousand dollars each; For one, at one thousand eight hundred dollars; For twelve, at one thousand five hundred dollars each; For two, at one thousand four hundred dollars each; For four, at one thousand three hundred dollars each; For thirty, at one thousand two hundred dollars each; For three, at one thousand one hundred dollars each;
For sixty-one, at one thousand dollars each; For eighteen, at nine hundred and fifty dollars each; For twenty-one, at nine hundred dollars each; For fifteen, at eight hundred and seventy-five dollars each; For sixteen, at eight hundred and fifty dollars each; For seventy-seven, at eight hundred and twenty-five dollars each; For thirty, at eight hundred dollars each; For eighty-five, at seven hundred and seventy-five dollars each; For eighteen, at seven hundred and fifty dollars each;
For one hundred and fifteen, at seven hundred dollars each; For five, at six hundred and seventy-five dollars each; For one hundred and twenty-six, at six hundred and fifty dollars each; For two, at six hundred and twenty-five dollars each; For fifteen, at six hundred dollars each; For twelve, at five hundred and seventy five dollars each; For one hundred and forty-four, at five hundred and fifty dollars each; For seven, at five hundred and twenty-five dollars each; For one hundred, at five hundred dollars each;
For fifty-one, at four hundred and seventy-five dollars each; For forty eight, at four hundred and fifty dollars each; For fifty-nine, at four hundred and twenty-five dollars each;535 For fifty-four, at four hundred dollars each; in all, seven hundred and eighty-nine thousand five hundred and twenty-five dollars: *Provided,* That in assigning salaries to teachers, no discrimination *Proviso.* No sex discrimination.shall be made between male and female teachers employed in the same grade of school and performing a like class of duties.
For teachers of night schools, who may also be teachers in the day Night schools.schools, six thousand five hundred dollars. For contingent and other necessary expenses of night schools, five hundred dollars. For kindergarten instruction, twelve thousand dollars. For janitors and care of buildings and grounds: For care Janitors.of the High School and annex, of the first eight divisions, two thousand dollars; Of the Jefferson building, one thousand four hundred dollars; Of the Eastern High School, Western High School, Business High School buildings (the janitor in which shall also be an engineer), and High-School Building of the ninth, tenth, and eleventh divisions, atone thousand two hundred dollars each;
Of the Franklin and Stevens buildings, at one thousand one hundred dollars each; Of the Curtis, Dennison, Force, Gales, Garnet, Grant, Henry, Pea body, Seaton, Sumner, Wallach, and Webster buildings, and the O street manual training school, at nine hundred dollars each; Of the Lincoln, Miner, and Mott buildings, at eight hundred dollars each; Of the Abbott, Berrett, John F. Cook, and Randall buildings, at seven hundred dollars each; Of the Adams, Addison, Ambush, Amidon, Anthony Bowen, Arthur, Banneker, Bell, Blair, Blake, Bradley, Brent, Briggs, Brightwood, Brookland, Buchanan, Carberry, Congress Heights, Corcoran, Craned, Douglass, Fillmore, Garrison, Giddings, Greenleaf, Harrison, Jackson, Johnson, Jones, Lenox, Logan, McCormick, Madison, Magruder, Maury, Monroe, Morse, Patterson, Payne, Phelps, Phillips, Pierce, Polk, Slater, Smallwood, Taylor, Tenley, Towers, Twining, Tyler, Van Buren, Weightman, Wilson, and Wormley buildings, new eight-room building at Fifth and K streets northeast, and four new eight-room buildings, fifty-nine in all, at five hundred dollars each;
Of the Garfield, Hillsdale, Lovejoy, Thompson, Van Buren annex and Woodburn buildings, at two hundred and fifty dollars each; Of the Bennings (white), Bennings (colored), Birney, Chevy Chase, Conduit Road, Hamilton, High Street, Langdon, Potomac, and Threlkeld buildings, at one hundred and sixty-five dollars each; For care of smaller buildings and rented rooms, including cooking and manual-training schools wherever located, at a rate not to exceed forty-eight dollars per annum for the care of each schoolroom, four thousand one hundred and seventy-six dollars; in all, sixty-four thousand one hundred and twenty-six dollars.
Miscellaneous: For rent of school buildings and repair shop, Rent.thirteen thousand three hundred and seventy-four dollars. For repairs and improvements to school buildings and grounds, fifty Repairs.thousand dollars. For necessary repairs to and changes in plumbing in existing school buildings, twenty-five thousand dollars. For the purchase of tools, machinery, material, and apparatus to be Tools, etc.used in connection with instruction in manual training, nine thousand dollars.
For fuel, thirty-five thousand dollars. Fuel. For furniture for new school buildings and additions to buildings, as follows: Furniture. Third division, northeast, one thousand four hundred dollars; Fifth division, northwest, one thousand four hundred dollars; Sixth division, northeast, one thousand four hundred dollars;536 Seventh division, county, one thousand four hundred dollars; Seventh division, Chevy Chase, seven hundred dollars; in all, six thousand three hundred dollars.
Contingent expenses. For contingent expenses, including furniture, books, stationery, printing, insurance, and other necessary items not otherwise provided for, thirty thousand dollars. Free text-books. For text-books and school supplies for use of pupils of the first eight grades, who at the time are not supplied with the same, to be distributed by the superintendent of public schools under regulations to be made by the Commissioners of the District of Columbia, and for the necessary expenses of the purchase, distribution, and preservation of said text books and supplies, forty thousand dollars.
Flags. For purchase of United States flags, one thousand dollars. Filters. For purchase of water filters, two thousand dollars. Buildings. Buildings and grounds: For one eight room building and site, northeast, thirty-seven thousand five hundred dollars. For rebuilding Lovejoy school building, thirty thousand dollars. For one eight room building and site, third division, southeast, forty-five thousand five hundred dollars. For site for, and toward the construction of, a manual-training school building for first eight divisions, fifty thousand dollars; and the total cost of said building, including cost of site, under a contract which is hereby authorized therefor, shall not exceed one hundred and twenty-five thousand dollars. *Proviso.* *Provided,* That the total cost of the site and of the several and respective buildings herein provided for, when completed upon plans and —limit of cost.specifications to be previously made and approved, shall not exceed the several and respective sums of money herein respectively appropriated for such purposes.
Preparing plans etc. That the plans and specifications for each of said buildings, and for all other buildings provided for in this Act, shall be prepared under the supervision of the inspector of buildings of the District of Columbia, and shall be approved by the Architect of the Capitol and the Com missioners of the District, and said building shall be constructed by the Commissioners in conformity therewith. FOR METROPOLITAN POLICE. Police. Salaries. For major and superintendent, three thousand three hundred dollars; captain, one thousand eight hundred dollars; three lieutenants, inspectors, at one thousand five hundred dollars each; chief clerk, who shall also be property clerk, two thousand dollars; clerk, one thousand five hundred dollars; clerk, nine hundred dollars; four surgeons of the police and fire departments, at five hundred and forty dollars each; additional compensation for twelve privates detailed for special service in the detection and prevention of crime, two thousand eight hundred and eighty dollars, or so much thereof as may be necessary; nine lieutenants, at one thousand three hundred and twenty dollars each; thirty-one sergeants, at one thousand one hundred and forty dollars each; three hundred privates, class one, at nine hundred dollars each; two hundred privates, class two, at one thousand and eighty dollars each; three telephone operators, at six hundred dollars each; twenty station keepers, at seven hundred and twenty dollars each; ten laborers, at four hundred and eighty dollars each; laborer in charge of the morgue, six hundred and eighty dollars; messenger, seven hundred dollars; messenger, five hundred dollars; major and superintendent, mounted, two hundred and forty dollars; captain, mounted, two hundred and forty dollars; forty-three lieutenants, sergeants, and privates, mounted, at two hundred and forty dollars each; twenty-three drivers, at four hundred and eighty dollars each; and three police matrons, at six hundred dollars each; in all, five hundred and ninety-eight thousand seven hundred and eighty dollars. 537 Miscellaneous:
For rent of substation at Anacostia, two hundred Miscellaneous.dollars; For fuel, two thousand two hundred dollars; For repairs to stations, two thousand five hundred dollars; For miscellaneous and contingent expenses, including stationery, Contingent expenses.books, telegraphing, photographs, printing, binding, gas, ice, washing, meals for prisoners, furniture and repairs thereto, beds and bedclothing, insignia of office, purchase and care of horses, police equipments and repairs of same, harness, forage, repairs to vehicles, van, ambulances, and patrol wagons, and expenses incurred in the prevention and detection of crime, and other necessary items, twenty thousand dollars;
For flags and halliards for station houses, one hundred and twenty-five dollars; For additional story to the second precinct station house, five thou sand dollars; For additional story to the eighth precinct station house, five thou sand dollars; In all, thirty-five thousand and twenty-five dollars. FOR THE FIRE DEPARTMENT. Fire Department. For chief engineer, two thousand dollars: two assistant chief engineers, Salaries.at one thousand two hundred dollars each; clerk, nine hundred dollars; fire marshal, one thousand dollars; twenty foremen, at one thousand dollars each; fourteen engineers, at one thousand dollars each; fourteen firemen, at eight hundred and forty dollars each; four tillermen, at eight hundred and forty dollars each; twenty hostlers, at eight hundred and forty dollars each; one hundred and thirty-two privates, at eight hundred-dollars each; eight watchmen, at six hundred dollars each; in all, one hundred and eighty-two thousand six hundred and twenty dollars.
Miscellaneous: For repairs to engine houses, four thousand dollars; Miscellaneous. For repairs to apparatus, and new appliances, four thousand dollars; For purchase of hose, eight thousand two hundred and fifty dollars; For fuel, three thousand five hundred dollars; For purchase of horses, eight thousand dollars; For forage, eight thousand dollars; For contingent expenses, horseshoeing, furniture, fixtures, washing, oil, medical and stable supplies, harness, blacksmithing, labor, gas, and other necessary items, ten thousand dollars;
For flags and halliards for engine and truck houses, two hundred and twenty seven dollars; In all, forty-five thousand nine hundred and seventy-seven dollars. Increase fire department: For one aerial turntable truck to Truck.replace an old truck, three thousand five hundred dollars. For one new hose carriage, nine hundred dollars. Hose carriage. TELEGRAPH AND TELEPHONE SERVICE. Telegraph and telephone service. For superintendent, one thousand six hundred dollars; electrician, Salaries.one thousand two hundred dollars; three telegraph operators, at one thousand dollars each; three telephone operators, at six hundred dollars each; expert repairman, nine hundred and sixty dollars; three repairmen, at seven hundred and twenty dollars each; two laborers, at four hundred dollars each; in all, eleven thousand five hundred and twenty dollars.
For general supplies, repairs, new batteries, and battery supplies, Supplies.telephone rental and purchase, wire for extension of the telegraph and telephone service, repairs of lines and instruments, purchase of poles, tools, insulators, brackets, pins, hardware, cross arms, ice, record books, 538stationery, printing, purchase of harness, washing, blacksmithing, for age, extra labor, new boxes, and other necessary items, eleven thousand *Proviso.* Telephone charges limited.five hundred dollars: *Provided,* That from and after the passage of this Act it shall be unlawful for any person or any telephone company doing business in the District of Columbia to charge or receive more than fifty dollars per annum for the use of a telephone on a separate wire; forty dollars for each telephone, there being not more than two on a wire; thirty dollars for each telephone, there being not more than three on a wire, and twenty-five dollars for each telephone, there being four or more on the same wire.
HEALTH DEPARTMENT. Health department. Salaries. For health officer, three thousand dollars; fourteen sanitary and food inspectors, who shall also be charged with enforcement of garbage regulations, atone thousand two hundred dollars each; sanitary and food inspector, who shall also inspect dairy products, and shall be a practical chemist, one thousand five hundred dollars; sanitary and food inspector, who shall be a veterinary surgeon for all departments of the District government, and act as inspector of five stock and dairy farms, one thousand two hundred dollars; inspector of marine products, one thousand two hundred dollars: chief clerk and deputy health officer, one thousand eight hundred dollars; clerk, one thousand four hundred dollars; four clerks, two of whom may act as sanitary and food inspectors, at one thousand two hundred dollars each; clerk, one thousand dollars; messenger and janitor, six hundred dollars; pound master, one thousand two hundred dollars; laborers, at not exceeding forty dollars per month, one thousand nine hundred and twenty dollars; ambulance driver, four hundred and eighty dollars; in all, thirty-six thousand nine hundred dollars.
Rent. Miscellaneous: For rent of stable, one hundred and twenty dollars. Garbage, etc. For collection and disposal of garbage and dead animals, fifty-seven thousand dollars. Scarlet fever and diphtheria. Vol. 26, p. 691. Vol. 29, p. 635. For the enforcement of the provisions of the Act to prevent the spread of scarlet fever and diphtheria in the District of Columbia, approved December twentieth, eighteen hundred and ninety, and the Act to prevent the spread of contagious diseases in the District of Columbia, approved March third, eighteen hundred and ninety-seven, under the direction of the health officer of the District, six thousand dollars.
Abatement of nuisances. Vol. 28, p. 257. For abatement of nuisances under section twenty six of an ordinance to revise, consolidate, and amend the ordinances of the board of health, and so forth, legalized by the Act of August seventh, eighteen hundred and ninety-four, five hundred dollars; the cost of such abatement, when collected from the responsible party, to be deposited in the Treasury to the credit of the United States and the District of Columbia in equal parts. COURTS.
Courts. Police court. For the police court: For two judges, at three thousand dollars each; compensation of two justices of the peace, acting as judges of the police court during the absence of said judges, not exceeding three hundred dollars each; clerk, two thousand dollars; one deputy clerk, one thousand five hundred dollars; two deputy clerks, at one thousand dollars each; three bailiffs, at three dollars per day each, two thousand eight hundred and seventeen dollars; one deputy marshal, at three dollars per day, nine hundred and thirty-nine dollars; messenger, nine hundred dollars; doorkeeper, five hundred and forty dollars: engineer, nine hundred dollars; in all, eighteen thousand one hundred and ninety-six dollars.
Miscellaneous. Miscellaneous: For United States marshal’s fees, one thousand four hundred dollars; For witness tees, three thousand dollars; 539 For repairs of police court building, seven hundred dollars; For repairs to police-court furniture and replacing same, two hundred dollars; For public water-closet service, one thousand dollars; For rent of property adjoining police court building, for police court and other purposes, six hundred dollars; For compensation for jury, eight thousand dollars;
In all, fourteen thousand nine hundred dollars. Defending suits in claims: For defending suits in the United Defense in claims.States Court of Claims, two thousand dollars. Writs of lunacy: To defray the expenses attending the execution Lunacy writs.of writs de lunatico inquirendo and commitments thereunder, in all cases of indigent insane persons committed or sought to be committed to the Government Hospital for the Insane by order of the executive authority of the District of Columbia, under the provisions of the Act Vol. 19, p. 347.approved March third, eighteen hundred and seventy-seven, two thousand dollars.
INTEREST AND SINKING FUND. For interest and sinking fund on the funded debt, exclusive of water Interest and sinking fund.bonds, one million two hundred and thirteen thousand nine hundred and forty-seven dollars and ninety-seven cents. EMERGENCY FUND. To be expended only in ease of emergency, such as riot, pestilence, Emergency fund.public insanitary conditions, calamity by flood or fire, and of like character, and in all cases of emergency not otherwise sufficiently provided for, eight thousand dollars: *Provided,* That in the purchase of all *Proviso.* Purchases.articles provided for in this Act no more than the market price shall be paid for any such articles, and all bids for any of such articles above the market price shall be rejected.
FOR REFORMATORIES AND PRISONS. Reformations Support of convicts: For support, maintenance, and transportation Support of convicts.of convicts transferred from the District of Columbia, to be expended under the direction of the Attorney-General, forty-five thousand dollars. Court-house, District of Columbia: For the following force Court-house.necessary for the care and protection of the court-house in the District of Columbia, under the direction of the United States marshal of the District of Columbia:
One engineer, one thousand two hundred dollars; three watchmen, at seven hundred and twenty dollars each; three firemen, at seven hundred and twenty dollars each; five laborers, at four hundred and eighty dollars each; and seven assistant messengers, at seven hundred and twenty dollars each; in all, twelve thousand nine hundred and sixty dollars, to be expended under the direction of the Attorney-General. Warden of the jail: For warden of the jail of the District of Warden of jail.Columbia, one thousand eight hundred dollars, to be paid under the direction of the Attorney-General.
Support of prisoners: For expenses for maintenance of the jail Support of prisoners in jail.of the District of Columbia, and for support of prisoners therein, to be expended under the direction of the Attorney-General, forty thousand dollars. Transportation of paupers and prisoners: For transportation Transporting paupers, etc.of paupers and conveying prisoners to the workhouse, three thousand three hundred dollars. For Washington Asylum: For intendant, one thousand two hundred Washington Asylum.dollars; matron, six hundred dollars; visiting physician, one thousand and eighty dollars; resident physician, four hundred and 540eighty dollars; clerk, seven hundred and twenty dollars; property clerk, seven hundred and twenty dollars; baker, four hundred and twenty dollars; overseer, nine hundred dollars; six overseers, at six hundred dollars each; engineer, six hundred dollars; assistant engineer, three hundred and fifty dollars; second assistant engineer, three hundred dollars; five watchmen, at three hundred and sixty-five dollars each; night watchman, five hundred and forty-eight dollars; blacksmith and wood worker, three hundred dollars: carpenter, six hundred dollars; hostler and ambulance driver, two hundred and forty dollars; female keeper at workhouse, three hundred dollars; female keeper at workhouse, one hundred and eighty dollars; four cooks, at one hundred and twenty dollars each; two cooks, at sixty dollars each; trained nurse, four hundred and twenty dollars; pupil nurses, not less than five in number, nine hundred dollars; in all, sixteen thousand eight hundred and eighty-three dollars.
Contingent expenses. For contingent expenses, including improvements and repairs, provisions, fuel, forage, lumber, gas, ice, shoes, clothing, dry goods, tailoring, hardware, medicines, repairs to tools, cars, tracks, steam heating and cooking apparatus, painting, and other necessary items and services, forty-seven thousand dollars. Nurses’ home building. For erection of a building for nurses’ home, six thousand dollars. Reform School. Salaries. For Reform School: For superintendent, one thousand five hundred dollars; assistant superintendent, nine hundred dollars; teachers and assistant teachers, five thousand and forty dollars; matron of school, six hundred dollars; four matrons of families, at one hundred and eighty dollars each; three foremen of workshops, at six hundred and sixty dollars each; farmer, four hundred and eighty dollars; engineer, three hundred and ninety-six dollars; assistant engineer, three hundred dollars; baker, cook, shoemaker, and tailor, at three hundred dollars each; laundress, one hundred and eighty dollars; two dining-room servants, seamstress, and chambermaid, at one hundred and forty-four dollars each; florist, three hundred and sixty dollars; watchmen, not exceeding six in number, one thousand four hundred and ten dollars; secretary and treasurer of board of trustees, six hundred dollars; in all, sixteen thousand two hundred and forty-two dollars.
Support of inmates. For support of inmates, including groceries, flour, feed, meats, dry goods, leather, shoes, gas, fuel, hardware, furniture, tableware, farm implements, seeds, harness and repairs to same, fertilizers, books, stationery, plumbing, painting, glazing, medicines and medical attendance, stock, fencing, repairs to buildings, and other necessary items, including compensation, not exceeding nine hundred dollars for additional labor or services, and for transportation and other necessary expenses incident to securing suitable homes for discharged boys, not exceeding five hundred dollars, all under the control of the Commissioners, twenty-six thousand dollars.
FOR THE SUPPORT OF THE INSANE. Support of insane. For support of the indigent insane of the District of Columbia in the Government Hospital for the Insane in said District as provided in R. S., secs. 4844, 4850, pp. 939, 940.sections forty-eight hundred and forty-four and forty-eight hundred and fifty of the Revised Statutes, one hundred and ten thousand five hundred and seventeen dollars and sixty cents. FOR INSTRUCTION OF THE DEAF AND DUMB. Columbia Institution, Deaf and Dumb.
For expenses attending the instruction of deaf and dumb persons admitted to the Columbia Institution for the Deaf and Dumb from the R. S., sec. 4864, p. 942.District of Columbia, under section forty-eight hundred and sixty-four of the Revised Statutes, ten thousand five hundred dollars, or so much thereof as may be necessary; and all disbursements for this object shall be accounted for through the Department of the Interior. 541 FOR CHARITIES. Charities. For relief of the poor, thirteen thousand dollars.
Relief of poor. For temporary Home for ex-Union Soldiers and Sailors, Grand Army Soldiers and Sailors’ Home.of the Republic, two thousand five hundred dollars, to be expended under the direction of the Commissioners of the District of Columbia. For furniture, bedding, crockery, and cooking utensils for the temporary Home, five hundred dollars, to be expended under the direction of the Commissioners of the District of Columbia. For the Women’s Christian Association, maintenance, four thousand Women’s Christian Association.dollars.
For Central Dispensary and Emergency Hospital, maintenance, fifteen thousand dollars. Emergency Hospital. For repairs and improvements, two thousand dollars. For the Children’s Hospital, maintenance, ten thousand dollars. Children’s Hospital. For the National Homeopathic Hospital Association of Washington, Homeopathic Hospital.District of Columbia, for maintenance, eight thousand five hundred dollars. For the Washington Hospital tor Foundlings, maintenance, six thousand dollars.
Foundling Hospital. For the Church Orphanage Association of Saint John’s Parish, maintenance, one thousand eight hundred dollars. Church Orphanage. For the German Orphan Asylum, maintenance, one thousand eight hundred dollars. German Orphan Asylum. For the National Association for the Relief of Destitute Colored Association for Destitute Colored Women.Women and Children, maintenance, including repairs, nine thousand nine hundred dollars. For Saint Ann’s Infant Asylum, maintenance, five thousand four hundred dollars.
Saint Ann’s Infant Asylum. For Association for Works of Mercy, maintenance, one thousand eight hundred dollars. Associate on for Works of Mercy. For House of the Good Shepherd, maintenance, two thousand seven hundred dollars. House of the Good Shepherd. For the Saint Rose Industrial School, maintenance, four thousand five hundred dollars. St. Rose Industrial School. For Saint Joseph’s Asylum, maintenance, one thousand eight hundred dollars. St. Joseph’s Asylum. For Young Women’s Christian Home, one thousand dollars.
Young Women’s Christian Home. For Hope and Help Mission, maintenance, one thousand dollars. Hope and Help Mission. For Newsboys’ and Children’s Aid Society, maintenance, one thousand dollars. Newsboys’ Aid. For Eastern Dispensary, maintenance, one thousand dollars. Eastern Dispensary. For Washington Home for Incurables, maintenance, two thousand dollars. Home for Incurables. For Municipal Lodging House and wood and stone yard, including Municipal Lodging House.rent, four thousand dollars.
For repairs to Municipal Lodging House, five hundred dollars. For the Columbia Hospital for Women and Lying-in Asylum, maintenance, Lying-in Asylum.twenty thousand dollars. For repairs and furniture, one thousand dollars. For the Freedmen’s Hospital and Asylum, as follows: Freedmen’s Hospital. For subsistence, twenty-two thousand five hundred dollars; For salaries and compensation of the surgeon in chief, not to exceed three thousand dollars; two assistant surgeons, clerk, engineer, matron, nurses, laundresses, cooks, teamsters, watchmen, and laborers, sixteen thousand dollars;
For rent of hospital buildings and grounds, four thousand dollars; For fuel and light, clothing, bedding, forage, transportation, medicine and medical and surgical supplies, surgical instruments, electric lights, repairs, furniture, and other absolutely necessary expenses, eleven thousand five hundred dollars; In all, fifty-four thousand dollars. 542 Girl’s Reform School. Reform School for Girls: Superintendent, one thousand dollars; treasurer, three hundred dollars; matron, six hundred dollars; two teachers, at four hundred and eighty dollars each; overseer, seven hundred and twenty dollars; engineer, four hundred and eighty dollars; night watchman, three hundred and sixty five dollars; laborer, three hundred dollars; in all, four thousand seven hundred and twenty five dollars;
For groceries, provisions, fuel, soap, oil, lamps, candles, clothing, shoes, forage, horseshoeing, medicine, medical attendance, hack hire, freight, furniture, beds, bedding, sewing machines, fixtures, books, horses, stationery, vehicles, harness, cows, stables, sheds, fences, repairs, and other necessary items, six thousand dollars; For additional building, twenty-five thousand dollars; and the total cost of said additional building, complete, under a contract which is hereby authorized therefor shall not exceed fifty thousand dollars.
In all, thirty-five thousand seven hundred and twenty-five dollars. Industrial Home School. For the Industrial Home School: For maintenance, eleven thousand dollars. For repairs and improvements to buildings, two thousand dollars. For furniture and equipment for the new building, one thousand five hundred dollars. Board of Children’s Guardians Vol. 27, p. 268. Board of Children’s Guardians: For the Board of Children’s Guardians, created under the Act approved July twenty-sixth, eighteen hundred and ninety-two, namely:
For administrative expenses, including salaries of agents, not to exceed two thousand four hundred dollars; expenses in placing and visiting children, and all office and sundry expenses, six thousand dollars; Care of children. For care of feeble-minded children; board and care of all children committed to the guardianship of said board by the courts of the District, and for the temporary care of children pending investigation or while being transferred from place to place, twenty-eight thousand dollars;
In all, thirty-four thousand dollars. MILITIA OF THE DISTRICT OF COLUMBIA. Militia. For the following, to be expended under the authority of the Commissioners of the District of Columbia, namely: Rent, etc. *Proviso.* Armories. For rent, fuel, light, care, and repair of armories and telephone service, fourteen thousand one hundred and twenty-five dollars: *Provided,* That in the disbursement of this appropriation, part thereof may be applied to leasing premises for armory purposes at a reasonable annual rental, to be paid quarterly, for a term not exceeding three years.
Current expenses. For lockers, furniture, and gymnastic apparatus for armories, eight hundred dollars. For printing and stationery, three hundred dollars. For cleaning and repairing uniforms, arms, and equipments, and contingent expenses, five hundred dollars. For custodian in charge of United States property and storerooms, nine hundred dollars. For expenses of drills and parades, eight hundred dollars. For expenses of rifle practice and matches, three thousand six hundred dollars.
For expenses of camp of instruction, ten thousand dollars. For general incidental expenses of the service, three hundred dollars. Contracts. And no contract shall be made or liability incurred tinder appropriations for the militia of the District of Columbia beyond the sums herein appropriated. WATER DEPARTMENT. Water Department. To be paid from its revenues. The following sums are hereby appropriated to carry on the operations of the water department, to be paid wholly from its revenues, namely: 543 For revenue and inspection branch:
For water registrar who shall Revenue and inspection branch.also perform the duties of chief clerk, one thousand eight hundred dollars; two clerks, one thousand four hundred dollars each; two clerks, at one thousand dollars each; chief inspector, nine hundred and thirty-six dollars; eight inspectors, at nine hundred dollars each; messenger, six hundred dollars; For distribution branch: For superintendent, one thousand eight hundred Distribution branch.dollars draftsman, one thousand five hundred dollars; foreman, one thousand two hundred dollars; two clerks, at one thousand dollars each; timekeeper, eight hundred dollars; assistant foreman, nine hundred dollars; tapper and machinist, nine hundred dollars; three steam engineers, at one thousand one hundred dollars each; property keeper, six hundred dollars; driver, four hundred and eighty dollars; hostler, four hundred and eighty dollars; calker, seven hundred and thirty dollars; in all, thirty thousand and twenty-six dollars.
For contingent expenses, including books, blanks, stationery, forage, Contingent expenses.advertising, printing, and other necessary items and services, two thousand five hundred dollars. For fuel, repairs to boilers, machinery, and pumping stations, pipe Fuel, repairs, etc.distribution to high and low service, material for high and low service, including public hydrants and fireplugs, and labor in repairing, replacing, raising, and lowering mains, laying new mains and connections, and erecting and repairing fire plugs and public hydrants, ninety thousand dollars.
For interest and sinking fund on water-stock bonds, six thousand Interest and sinking fund. and twenty-five dollars. For interest on account of increasing the water supply, as provided Increasing water supply. Interest. Vol. 22, p. 170.in the Act of July fifteenth, eighteen hundred and eighty-two, such amount as may be necessary to pay said interest in full for the fiscal year eighteen hundred and ninety-nine. For sinking fund on account of increase of water supply, under Act Sinking fund.of July fifteenth, eighteen hundred and eighty-two, such amount as may be necessary to pay said sinking fund in full for the fiscal year eighteen hundred and ninety-nine.
For continuing the extension of the high-service system of water Extending high service system.distribution, to include all necessary land, machinery, buildings, mains, and appurtenances, so much as may be available in the water fund, during the fiscal year eighteen hundred and ninety-nine, after providing for the expenditures hereinbefore authorized, is hereby appropriated. The Commissioners of the District of Columbia are hereby authorized Free supply to charitable, etc., institutions.to furnish Potomac water without charge to orphan asylums and charity schools, and such institutions as receive annual appropriations from Congress, to an amount to be fixed in each case by said Commissioners, not to exceed the rate of one hundred gallons per average capita of inmate per diem; and for all water used beyond such an amount the institution shall be charged at the prevailing rate for the use of water in the District.
They are further authorized to furnish Potomac water without charge to churches to an amount to be fixed in each case by said Commissioners, any amount used in excess to be charged as hereinbefore provided. The Secretary of the Treasury is hereby authorized to cover into the Deposit in Treasury of unexpended advances, credit of former boards of Commissioners.Treasury, one-half to the credit of the United States and one-half to the credit of the District of Columbia, any unexpended advances standing upon the books of the Treasurer of the United States to the official credit of former boards of Commissioners of the District of Columbia; and the Commissioners are authorized to cancel, when presented for —cancellation of checks, etc.payment, all checks drawn against said advances, and to issue in lieu —cancellation of checks, etc.thereof checks payable out of an appropriation to be raised by the Secretary of the Treasury for the purpose.
Sec. 2. That said Commissioners shall not make requisitions upon Limit of requisitions on Treasury.the appropriations from the Treasury of the United States for a larger 544FIFTY-FIFTH CONGRESS. Sess. II. Chs. 540, 541. 1898.amount during the fiscal year eighteen hundred and ninety-nine than they make on the appropriations arising from, the revenues, including drawback certificates, of said District. Approved, June 30, 1898. Chapter 541: To establish a uniform system of bankruptcy throughout the United States. 30 Stat. 544 1898-07-01 Chapter 541 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
Digitization Vendor 2025-11-03 55 2 public chap. 541.— An Act To establish a uniform system of bankruptcy throughout the United States. July 1, 1898. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* Bankruptcy. Uniform system established. Chapter I. definitions. Definitions. Section 1. Meaning of Words and Phrases.—a The words and phrases used in this Act and in proceedings pursuant hereto shall, unless the same be inconsistent with the context, be construed as follows:
A person against whom a petition has been filed. Adjudication.(1) “A person against whom a petition has been filed” shall include a person who has filed a voluntary petition;
(2)“adjudication” shall mean the date of the entry of a decree that the defendant, in a bankruptcy proceeding, is a bankrupt, or if such decree is appealed Appellate courts.from, then the date when such decree is finally confirmed;
(3)“appellate courts” shall include the circuit courts of appeals of the United States, the supreme courts of the Territories, and the Supreme Court Bankrupt.of the United States;
(4)“bankrupt” shall include a person against whom an involuntary petition or an application to set a composition aside or to revoke a discharge has been filed, or who has filed a voluntary Clerk. Corporations.petition, or who has been adjudged a bankrupt;
(5)“clerk” shall mean the clerk of a court of bankruptcy;
(6)“corporations” shall mean all bodies having any of the powers and privileges of private corporations not possessed by individuals or partnerships, and shall include limited or other partnership associations organized under laws making the capital subscribed alone responsible for the debts of the association; Court. Courts of bankruptcy.(7) “court” shall mean the court of bankruptcy in which the proceedings are pending, and may include the referee;
(8)“courts of bankruptcy” shall include the district courts of the United States and of the Territories, the supreme court of the District of Columbia, and the United States court of the Indian Territory, and of Alaska; Creditor.(9) “creditor” shall include anyone who owns a demand or claim provable in bankruptcy, and may include his duly authorized agent, attorney, Date of bankruptcy.or proxy;
(10)“date of bankruptcy,” or “time of bankruptcy,” or “commencement of proceedings,” or “bankruptcy,” with reference Debt.to time, shall mean the date when the petition was filed;
(11)“debt” shall include any debt, demand, or claim provable in bankruptcy; Discharge.(12) “discharge” shall mean the release of a bankrupt from all of his debts which are provable in bankruptcy, except such as are excepted Document. Holiday.by this Act;
(13)“document” shall include any book, deed, or instrument in writing;
(14)“holiday” shall include Christmas, the Fourth of July, the Twenty-second of February, and any day appointed by the President of the United States or the Congress of the United States as a holiday or as a day of public fasting or thanksgiving;
(15)Insolvency.a person shall be deemed insolvent within the provisions of this Act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in Judge. Oath. Officer.amount to pay his debts;
(16)“judge” shall mean a judge of a court of bankruptcy, not including the referee;
(17)“oath” shall include affirmation;
(18)“officer” shall include clerk, marshal, receiver, referee, and trustee, and the imposing of a duty upon or the forbidding of an FIFTY-FIFTH CONGRESS. Sess. II. Ch. 541. 1898.545act by any officer shall include his successor and any person authorized by law to perform the duties of such officer;
(19)“persons” shall Persons.include corporations, except where otherwise specified, and officers, partnerships, and women, and when used with reference to the commission of acts which are herein forbidden shall include persons who are participants in the forbidden acts, and the agents, officers, and members of the board of directors or trustees, or other similar control ling bodies of corporations;
(20)“petition” shall mean a paper filed in Petition.a court of bankruptcy or with a clerk or deputy clerk by a debtor praying for the benefits of this Act, or by creditors alleging the commission of an act of bankruptcy by a debtor therein named;
(21)“ referee” shall mean the referee who has jurisdiction of the case or to Referee.whom the case has been referred, or anyone acting in his stead;
(22)Conceal. Secured creditor.“conceal” shall include secrete, falsify, and mutilate;
(23)“secured Conceal. Secured creditor.creditor” shall include a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under this Act, or who owns such a debt for which some indorser, surety, or other persons secondarily liable for the bankrupt has such security upon the bankrupt’s assets;
(24)“States” shall include the Territories, the States.Indian Territory, Alaska, and the District of Columbia;
(25)“transfer” Transfer.shall include the sale and every other and different mode of disposing of or parting with property, or the possession of property, absolutely or conditionally, as a payment, pledge, mortgage, gift, or security;
(26)“trustee” shall include all of the trustees of an estate;
(27)“ wage-earner” Trustee. Wage earner.shall mean an individual who works for wages, salary, or hire, at a rate of compensation not exceeding one thousand five hundred dollars per year;
(28)words importing the masculine gender may be Scope of words importing the masculine gender. —plural number. —singular number.applied to and include corporations, partnerships, and women;
(29)words importing the plural number may be applied to and mean only a single person or thing;
(30)words importing the singular number may be applied to and mean several persons or things. Chapter II. creation of courts of bankruptcy and their jurisdiction. Sec. 2. That the courts of bankruptcy as hereinbefore defined, viz, Creation of courts of bankruptcy.the district courts of the United States in the several States, the supreme court of the District of Columbia, the district courts of the several Territories, and the United States courts in the Indian Territory and the District of Alaska, are hereby made courts of bankruptcy, and are hereby invested, within their respective territorial limits as now —jurisdiction.established, or as they may be hereafter changed, with such jurisdiction at law and in equity as will enable them to exercise original jurisdiction in bankruptcy proceedings, in vacation in chambers and during their respective terms, as they are now or may be hereafter held, to
(1)—specific powers.adjudge persons bankrupt who have had their principal place of business, resided, or bad their domicile within their respective territorial jurisdictions for the preceding six months, or the greater portion thereof, or who do not have their principal place of business, reside, or have their domicile within the United States, but have property within their jurisdictions, or who have been adjudged bankrupts by courts of competent jurisdiction without the United States and have property within their jurisdictions;
(2)allow claims, disallow claims, reconsider allowed or disallowed claims, and allow or disallow them against bankrupt estates;
(3)appoint receivers or the marshals, upon application of parties in interest, in case the courts shall find it absolutely necessary, for the preservation of estates, to take charge of the property of bankrupts after the filing of the petition and until it is dismissed or the trustee is qualified;
(4)arraign, try, and punish bankrupts, officers, and other persons, and the agents, officers, members of the board, of directors or trustees, or other similar controlling bodies, of corporations 546for violations of this Act, in accordance with the laws of procedure of the United States now in force, or such as may be hereafter enacted, regulating trials for the alleged violation of laws of the United States;
(5)authorize the business of bankrupts to be conducted for limited periods by receivers, the marshals, or trustees, if necessary in the best interests of the estates;
(6)bring in and substitute additional persons or parties in proceedings in bankruptcy when necessary for the complete determination of a matter in controversy;
(7)cause the estates of bankrupts to be collected, reduced to money and distributed, and determine controversies in relation thereto, except as herein otherwise provided;
(8)close estates, whenever it appears that they have been fully administered, by approving the final accounts and discharging the trustees, and reopen them whenever it appears they were closed before being fully administered;
(9)confirm or reject compositions between debtors and their creditors, and set aside compositions and reinstate the eases;
(10)consider and confirm, modify or overrule, or return, with instructions for further proceedings, records and findings certified to them by referees;
(11)determine all claims of bankrupts to their exemptions;
(12)discharge or refuse to discharge bankrupts and set aside discharges and reinstate the cases;
(13)enforce obedience by bankrupts, officers, and other persons to all lawful orders, by fine or imprisonment or fine and imprisonment:
(14)extradite bankrupts from their respective districts to other districts;
(15)make such orders, issue such process, and enter such judgments in addition to those specifically provided for as may be necessary for the enforcement of the provisions of this Act;
(16)punish persons for con tempts committed before referees;
(17)pursuant to the recommendation of creditors, or when they neglect to recommend the appointment of trustees, appoint trustees, and upon complaints of creditors, remove trustees for cause upon hearings and after notices to them:
(18)tax costs, whenever they are allowed by law, and render judgments therefor against the unsuccessful party, or the successful party for cause, or in part against each of the parties, and against estates, in proceedings in bankruptcy; and
(19)transfer eases to other courts of bankruptcy. Unspecified powers continued. Nothing in this section contained shall be construed to deprive a court of bankruptcy of any power it would possess were certain specific powers not herein enumerated. Chapter III. bankrupts. Bankrupts. Acts of bankruptcy, what constitutes. Sec. 3. Acts of Bankruptcy.—a Acts of bankruptcy by a person shall consist of his having
(1)conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors, or any of them; or
(2)transferred, while insolvent, any portion of his property to one or more of his creditors with intent to prefer such creditors over bis other creditors; or
(3)suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any property affected by such preference vacated or discharged such preference; or
(4)made a general assignment for the benefit, of his creditors; or
(5)admitted in writing his inability to pay his debts and his willingness to be adjudged a bankrupt on that ground. Filing petition against person committing act of bankruptcy. —time of. b A petition may be filed against a person who is insolvent and who has committed an act of bankruptcy within four months after the commission of such act. Such time shall not expire until four months after
(1)the date of the recording or registering of the transfer or assignment when the act consists in having made a transfer of any of his property with intent to hinder, delay, or defraud his creditors or for the purpose of giving a preference as hereinbefore provided, or a general assignment for the benefit of his creditors, if by law such recording 547or registering is required or permitted, or, if it is not, from the date when the beneficiary takes notorious, exclusive, or continuous possession of the property unless the petitioning creditors have received actual notice of such transfer or assignment. c It shall be a complete defense to any proceedings in bankruptcy Defense of solvency.instituted under the first subdivision of this section to allege and prove that the party proceeded against was not insolvent as defined in this Act at the time of the filing the petition against him, and if solvency at such date is proved by the alleged bankrupt the proceedings shall be dismissed, and under said subdivision one the burden of proving solvency shall be on the alleged bankrupt. d Whenever a person against whom a petition has been filed as herein Denial of insolvency.before provided under the second and third subdivisions of this section takes issue with and denies the allegation of his insolvency, it shall be his duty to appear in court on the hearing, with his books, papers, and accounts, and submit to an examination, and give testimony as to all matters tending to establish solvency or insolvency, and in case of his failure to so attend and submit to ex and nation the burden of proving his solvency shall rest upon him. e Whenever a petition is filed by any person for the purpose of having Bond by petitioner on application to hold property of alleged bankrupt.another adjudged a bankrupt, and an application is made to take charge of and hold the property of the alleged bankrupt, or any part of the same, prior to the adjudication and pending a hearing on the petition, the petitioner or applicant shall file in the same court a bond with at least two good and sufficient sureties who shall reside within the jurisdiction of said court, to be approved by the court or a judge thereof, in such sum as the court shall direct, conditioned for the payment, in case such petition is dismissed, to the respondent, his or her personal representatives, all costs, expenses, and damages occasioned by such seizure, taking, and detention of the property of the alleged bankrupt. If such petition be dismissed by the court or withdrawn by the petitioner, Costs on withdrawal or dismissal of petition.the respondent or respondents shall be allowed all costs, counsel fees, expenses, and damages occasioned by such seizure, taking, or detention of such property. Counsel fees, costs, expenses, and damages shall be fixed and allowed by the court, and paid by the obligors in such bond. Sec. 4. Who May Become Bankrupts.—a Any person who owes Who may become bankrupts. —voluntary.debts, except a corporation, shall be entitled to the benefits of this Act as a voluntary bankrupt. b Any natural person, except a wage earner or a person engaged —involuntary.chiefly in farming or the tillage of the soil, any unincorporated company, and any corporation engaged principally in manufacturing, trading, printing, publishing, or mercantile pursuits, owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt upon default or an impartial trial, and shall be subject to the pro visions and entitled to the benefits of this Act. Private bankers, but not national banks or banks incorporated under State or Territorial laws, may be adjudged involuntary bankrupts. Sec. 5. Partners.—a A partnership, during the continuation of the Partners.partnership business, or after its dissolution and before the final settlement thereof, may be adjudged a bankrupt b The creditors of the partnership shall appoint the trustee; in other Administration of estate, etc.respects so far as possible the estate shall be administered as herein provided for other estates. c The court of bankruptcy which has jurisdiction of one of the partners Jurisdiction.may have jurisdiction of all the partners and of the administration of the partnership and individual property. d The trustee shall keep separate accounts of the partnership property Accounts.and of the property belonging to the individual partners. e The expenses shall be paid from the partnership property and the Expenses.individual property in such proportions as the court shall determine. 548 Disposition of net proceeds of partnership property. —individual estate. —surplus. f The net proceeds of the partnership property shall be appropriated to the payment of the partnership debts, and the net proceeds of the individual estate of each partner to the payment of his individual debts. Should any surplus remain of the property of any partner after paying his individual debts, such surplus shall be added to the partnership assets and be applied to the payment of the partnership debts. Should any surplus of the partnership property remain after paying the partnership debts, such surplus shall be added to the assets of the individual partners in the proportion of their respective interests in the partnership. Reciprocal claims, partnership and individual estates, etc. g The court may permit the proof of the claim of the partnership estate against the individual estates, and vice versa, and may marshal the assets of the partnership estate and individual estates so as to prevent preferences and secure the equitable distribution of the property of the several estates. Partners not adjudged bankrupt, administration of partnership estate. h In the event of one or more but not all of the members of a partnership being adjudged bankrupt, the partnership property shall not be administered in bankruptcy, unless by consent of the partner or partners not adjudged bankrupt; but such partner or partners not adjudged bankrupt shall settle the partnership business as expeditiously as its nature will permit, and account for the interest of the partner or partners adjudged bankrupt. Exemptions of bankrupts. Sec. 6. Exemptions of Bankrupts.—a This Act shall not affect the allowance to bankrupts of the exemptions which are prescribed by the State laws in force at the time of the filing of the petition in the State wherein they have had their domicile for the six months or the greater portion thereof immediately preceding the filing of the petition. Duties of bankrupts specified. Sec. 7. Duties of Bankrupts.—a The bankrupt shall
(1)attend the first meeting of his creditors, if directed by the court or a judge thereof to do so, and the hearing upon his application for a discharge, if filed;
(2)comply with all lawful orders of the court;
(3)examine the correctness of all proofs of claims filed against his estate;
(4)execute and deliver such papers as shall be ordered by the court;
(5)execute to his trustee transfers of all his property in foreign countries;
(6)immediately inform his trustee of any attempt, by bis creditors or other per sons, to evade the provisions of this Act, coming to his knowledge:
(7)in case of any person having to his knowledge proved a false claim against his estate, disclose that fact immediately to his trustee;
(8)prepare, make oath to, and file in court within ten days, unless further time is granted, after the adjudication, if an involuntary bankrupt, and with the petition if a voluntary bankrupt, a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known, if unknown, that fact to be stated, the amounts due each of them, the consideration thereof, the security held by them, if any, and a claim for such exemptions as he may be entitled to, all in triplicate, one copy of each for the clerk, one for the referee, and one for the trustee; and
(9)when present at the first meeting of his creditors, and at such other times as the court shall order, submit to an ex and nation concerning the conducting of his business, the cause of his bankruptcy, his dealings with his creditors and other persons, the amount, kind, and whereabouts of his property, and, in addition, all matters which may affect the administration and settlement of his estate; but no testimony given by him shall be offered in evidence against him in any criminal proceeding. *Proviso.* Limitations. *Provided, however,* That he shall not be required to attend a meeting of his creditors, or at or for an examination at a place more than one hundred and fifty miles distant from his home or principal place of business, or to examine claims except when presented to him, unless Bankrupt’s expenses of attendance, etc.ordered by the court, or a judge thereof, for cause shown, and the bankrupt shall be paid his actual expenses from the estate when examined or required to attend at any place other than the city, town, or village of bis residence. 549 Sec. 8. Death or Insanity of Bankrupts.—a The death or insanity Death or insanity of bankrupts not to abate proceedings.of a bankrupt shall not abate the proceedings, but the same shall be conducted and concluded in the same manner, so far as possible, as though he had not died or become insane: *Provided,* That in case of *Proviso.* Dower.death the widow and children shall be entitled to all rights of dower and allowance fixed by the laws of the State of the bankrupt’s residence. Sec. 9. Protection and Detention of Bankrupts.—a A bankrupt Protection and detention of bankrupts. —exemptions from arrest.shall be exempt from arrest, upon civil process except in the following cases:
(1)When issued from a court of bankruptcy for contempt or disobedience of its lawful orders;
(2)when issued from a State court having jurisdiction, and served within such State, upon a debt or claim from which his discharge in bankruptcy would not be a release, and in such case he shall be exempt from such arrest when in attendance upon a court of bankruptcy or engaged in the performance of a duty imposed by this Act. b The judge may, at any time after the filing of a petition by or —detention.against a person, and before the expiration of one month after the qualification of the trustee, upon satisfactory proof by the affidavits of at least two persons that such bankrupt is about to leave the district in which he resides or has his principal place of business to avoid ex and nation, and that his departure will defeat the proceedings in bankruptcy, issue a warrant to the marshal, directing him to bring such bankrupt forthwith before the court for ex and nation. If upon hearing the evidence of the parties it shall appear to the court or a judge thereof that the allegations are true and that it is necessary, he shall order such marshal to keep such bankrupt in custody not exceeding ten days, but not imprison him, until he shall be examined and released or give bail conditioned for his appearance for ex and nation, from time to time, not exceeding in all ten days, as required by the court, and for his obedience to all lawful orders made in reference thereto. Sec. 10. Extradition of Bankrupts.—a Whenever a warrant for Extradition of bankrupts.the apprehension of a bankrupt shall have been issued, and he shall have been found within the jurisdiction of a court other than the one issuing the warrant, he may be extradited in the same manner in which persons under indictment are now extradited from one district within which a district court has jurisdiction to another. Sec. 11. Suits by and against Bankrupts.—a A suit which is Suits by and against bankrupts. —pending suits stayed, etc.founded upon a claim from which a discharge would be a release, and which is pending against a person at the time of the filing of a petition against him, shall be stayed until after an adjudication or the dismissal of the petition; if such person is adjudged a bankrupt, such action may be further stayed until twelve months after the date of such adjudication, or, if within that time such person applies for a discharge, then until the question of such discharge is determined. b The court may order the trustee to enter his appearance and defend Trustee, appearance of.any pending suit against the bankrupt. c A trustee may, with the approval of the court, be permitted to —prosecution of suit by.prosecute as trustee any suit commenced by the bankrupt prior to the adjudication, with like force and effect as though it bad been commenced by him. d Suits shall not be brought by or against a trustee of a bankrupt —limit of time.estate subsequent to two years after the estate has been closed. Sec. 12. Compositions, when Confirmed.—a A bankrupt may offer Compositions. —time when terms may be offered.terms of composition to his creditors after, but not before, he has been examined in open court or at a meeting of bis creditors and filed in court the schedule of his property and list of his creditors, required to be tiled by bankrupts. b An application for the confirmation of a composition may be filed —when application for confirmation may be filed.in the court of bankruptcy after, but not before, it has been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number must represent a majority in amount of such claims, and the consideration to be paid by the bankrupt to his 550creditors, and the money necessary to pay all debts which have priority and the cost of the proceedings, have been deposited in such place as shall be designated by and subject to the order of the judge. Time and place of hearing. c A date and place, with reference to the convenience of the parties in interest, shall be fixed for the hearing upon each application for the confirmation of a composition, and such objections as may be made to its confirmation. Conditions requisite to continuation. d The judge shall confirm a composition if satisfied that
(1)it is for the best interests of the creditors;
(2)the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge; and
(3)the offer and its acceptance are in good faith and have not been made or procured except as herein provided, or by any means, promises, or acts herein forbidden. Composition confirmed. —unconfirmed. e Upon the confirmation of a composition, the consideration shall be distributed as the judge shall direct, and the case dismissed. Whenever a composition is not confirmed, the estate shall be administered in bankruptcy as herein provided. Compositions, when set aside. Sec. 13. Compositions, when Set Aside.—a The judge may, upon the application of parties in interest filed at any time within six months after a composition has been confirmed, set the same aside and reinstate the case if it shall be made to appear upon a trial that fraud was practiced in the procuring of such composition, and that the knowledge thereof has come to the petitioners since the confirmation of such composition. Discharges. Sec. 14. Discharges, when Granted.—a Any person may, after the expiration of one month and within the next twelve months subsequent to being adjudged a bankrupt, file an application for a discharge in the court of bankruptcy in which the proceedings are pending; if it shall be made to appear to the judge that the bankrupt was unavoidably prevented from tiling it within such time, it may be filed within but not after the expiration of the next six months. —time of hearing. b The judge shall hear the application for a discharge, and such proofs and pleas as may be made in opposition thereto by parties in interest, at such time as will give parties in interest a reasonable opportunity to be fully heard, and investigate the merits of the application —conditions requisite to discharge.and discharge the applicant unless he has
(1)committed an offense punishable by imprisonment as herein provided; or
(2)with fraudulent intent to conceal his true financial condition and in contemplation of bankruptcy, destroyed, concealed, or failed to keep books of account or records from which his true condition might be ascertained. Discharge by composition. c The confirmation of a composition shall discharge the bankrupt from his debts, other than those agreed to be paid by the terms of the composition and those not affected by a discharge. Discharges, when revoked. Sec. 15. Discharges, when Revoked.—a The judge may, upon the application of parties in interest who have not been guilty of undue laches, filed at any time within one year after a discharge shall have been granted, revoke it upon a trial if it shall be made to appear that it was obtained through the fraud of the bankrupt, and that the knowledge of the fraud has come to the petitioners since the granting of the discharge, and that the actual facts did not warrant the discharge. Codebtors unaffected by discharge of bankrupt. Sec. 16. Co-Debtors of Bankrupts.—a The liability of a person who is a co debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt. Debts not affected by a discharge specified. Sec. 17. Debts not Affected by a Discharge.—a A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as
(1)are due as a tax levied by the United States, the State, county, district, or municipality in which he resides;
(2)are judgments in actions for frauds, or obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another;
(3)have not been duly scheduled in time for proof and allowance, with the name of the creditor if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or
(4)were created by his fraud, 551embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity. Chapter IV. courts and procedure therein. Courts and procedure therein. Sec. 18. Process, Pleadings, and Adjudications.—a Upon the Process, pleadings, and adjudications. Service of petition involuntary bankruptcy.filing of a petition for involuntary bankruptcy, service thereof, with a writ of subpoena, shall be made upon the person therein named as defendant in the same manner that service of such process is now had upon the commencement of a suit in equity in the courts of the United States, except that it shall be returnable within fifteen days, unless the judge shall for cause fix a longer time; but in case personal service can not be made, then notice shall be given by publication in the same manner and for the same time as provided by law for notice by publication in suits in equity in courts of the United States. b The bankrupt, or any creditor, may appear and plead to the petition Pleadings.within ten days after the return day, or within such further time as the court may allow. c All pleadings setting up matters of fact shall be verified under oath. —verification of. Determination of issues. d If the bankrupt, or any of his creditors, shall appear, within the time limited, and controvert the facts alleged in the petition, the judge shall determine, as soon as may be, the issues presented by the pleadings, without the intervention of a jury, except in cases where a jury trial is given by this Act, and makes the adjudication or dismiss the petition. e If on the last day within which pleadings may be filed none are Failure to plead, judgment.filed by the bankrupt or any of his creditors, the judge shall on the next day, if present, or as soon thereafter as practicable, make the adjudication or dismiss the petition. f If the judge is absent from the district, or the division of the district Absence of judge, reference to referee.in which the petition is pending, on the next day after the last day on which pleadings may be filed, and none have been filed by the bankrupt or any of his creditors, the clerk shall forthwith refer the case to the referee. g Upon the filing of a voluntary petition the judge shall hear the Voluntary petition.petition and make the adjudication or dismiss the petition, if the judge is absent from the district, or the division of the district in which the petition is filed at the time of the filing, the clerk shall forth with refer the case to the referee. Sec. 19. Jury Trials.—a A person against whom an involuntary Jury trials.petition has been filed shall be entitled to have a trial by jury, in respect to the question of his insolvency, except as herein otherwise provided, and any act of bankruptcy alleged in such petition to have been com mitted, upon filing a written application therefor at or before the time within which an answer may be filed. If such application is not file within such time, a trial by jury shall be deemed to have been waived. b If a jury is not in attendance upon the court, one may be specially Attendance of jury, etc.summoned for the trial, or the case may be postponed, or, if the case is pending in one of the district courts within the jurisdiction of a circuit court of the United States, it may be certified for trial to the circuit court sitting at the same place, or by consent of parties when sitting at any other place in the same district, if such circuit court has or is to have a jury first in attendance. c The right to submit matters in controversy, or an alleged offense Existing laws as to jury trials.under this Act, to a jury shall be determined and enjoyed, except as provided by this Act, according to the United States laws now in force or such as may be hereafter enacted in relation to trials by jury. Sec. 20. Oaths, Affirmations.—a Oaths required by this Act, Oaths. —by whom administered.except upon hearings in court, may be administered by
(1)referees;
(2)officers authorized to administer oaths in proceedings before the courts 552of the United States, or under the laws of the State where the same are to be taken; and
(3)diplomatic or consular officers of the United States in any foreign country. Affirmation. b Any person conscientiously opposed to taking an oath may, in lieu thereof, affirm. Any person who shall affirm falsely shall be punished as for the making of a false oath. Evidence. Sec. 21. Evidence.—a A court of bankruptcy may, upon application of any officer, bankrupt, or creditor, by order require any designated person, including the bankrupt, who is a competent witness under the laws of the State in which the proceedings are pending, to appear in court or before a referee or the judge of any State court, to be examined concerning the acts, conduct, or property of a bankrupt whose estate is in process of administration under this Act. Existing; laws to govern taking of depositions. b The right to take depositions in proceedings under this Act shall be determined and enjoyed according to the United States laws now in force, or such as may be hereafter enacted relating to the taking of depositions, except as herein provided. —notice filing of, and services. c Notice of the taking of depositions shall be filed with the referee in every case. When depositions are to be taken in opposition to the allowance of a claim notice shall also be served upon the claimant, and when in opposition to a discharge notice shall also be served upon the bankrupt. Certified copies of records, force of. d Certified copies of proceedings before a referee, or of papers, when issued by the clerk or referee, shall be admitted as evidence with like force and effect as certified copies of the records of district courts of the United States are now or may hereafter be admitted as evidence. —of copy of order approving bond of trustee. e A certified copy of the order approving the bond of a trustee shall constitute conclusive evidence of the vesting in him of the title to the property of the bankrupt, and if recorded shall impart the same notice that a deed from the bankrupt to the trustee if recorded would have imparted had not bankruptcy proceedings intervened. —of order confirming composition, etc. f A certified copy of an order confirming or setting aside a composition, or granting or setting aside a discharge, not revoked, shall be evidence of the jurisdiction of the court, the regularity of the proceedings, and of the fact that the order was made. g A certified copy of an order confirming a composition shall constitute evidence of the revesting of the title of bis property in the bankrupt, and if recorded shall impart the same notice that a deed from the trustee to the bankrupt if recorded would impart. Reference of cases alter adjudication. Sec. 22. Reference of Cases after Adjudication.—a After a person has been adjudged a bankrupt the judge may cause the trustee to proceed with the administration of the estate, or refer it
(1)generally to the referee or specially with only limited authority to act in the premises or to consider and report upon specified issues; or
(2)to any referee within the territorial jurisdiction of the court, if the convenience of parties in interest will be served thereby, or for cause, or if the bankrupt does not do business, reside, or have his domicile in the district. Transfer of case to another referee. b The judge may, at any time, for the convenience of parties or for cause, transfer a case from one referee to another. Jurisdiction of United States and State courts. Controversies between bankrupts and adverse claimants. Sec. 23. Jurisdiction of United States and State Courts.—a The United States circuit courts shall have jurisdiction of all controversies at law and in equity, as distinguished from proceedings in bankruptcy, between trustees as such and adverse claimants concerning the property acquired or claimed by the trustees, in the same manner and to the same extent only as though bankruptcy proceedings had not been instituted and such controversies had been between the bankrupts and such adverse claimants. Suits by trustee, where brought. b Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant. 553 c The United States circuit courts shall have concurrent, jurisdiction Concurrent jurisdiction.with the courts of bankruptcy, within their respective territorial limits, of the offenses enumerated in this Act. Sec. 24. Jurisdiction of Appellate Courts.—a The Supreme Jurisdiction of appellate courts.Court of the United States, the circuit courts of appeals of the United States, and the supreme courts of the Territories, in vacation in chambers and during their respective terms, as now or as they may be here after held, are hereby invested with appellate Jurisdiction of controversies arising in bankruptcy proceedings from the courts of bankruptcy from which they have appellate Jurisdiction in other cases. The Supreme Court of the United States shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia. b The several circuit courts of appeal shall have Jurisdiction in equity, either interlocutory or final, to superintend and revise in matter of law the proceedings of the several inferior courts of bankruptcy within their jurisdiction. Such power shall be exercised on due notice and petition by any party aggrieved. Sec. 25. Appeals and Writs of Error.—a That appeals, as in Appeals and writs of error. —when taken from courts of bankruptcy.equity eases, may be taken in bankruptcy proceedings from the courts of bankruptcy to the circuit court of appeals of the United States, and to the supreme court of the Territories, in the following cases, to wit,
(1)from a judgment adjudging or refusing to adjudge the defendant a bankrupt;
(2)from a Judgment granting or denying a discharge; and
(3)from a judgment allowing or rejecting a debt or claim of five hundred dollars or over. Such appeal shall be taken within ten days after the judgment appealed from has been rendered, and may be heard and determined by the appellate court in term or vacation, as the case may be. b From any final decision of a court of appeals, allowing or rejecting —from courts of appealsa claim under this Act, an appeal may be had under such rules and within such time as may be prescribed by the Supreme Court of the United States, in the following cases and no other: 1. Where the amount in controversy exceeds the sum of two thousand dollars, and the question involved is one which might have been taken on appeal or writ of error from the highest court of a State to the Supreme Court of the United States; or 2. Where some Justice of the Supreme Court of the United States shall certify that in his opinion the determination of the question or questions involved in the allowance or rejection of such claim is essential to a uniform construction of this Act throughout the United States. c Trustees shall not be required to give bond when they take appeals No bonds required from trustees.or sue out writs of error. d Controversies may be certified to the Supreme Court of the United Certiorari to Supreme Court.States from other courts of the United States, and the former court may exercise jurisdiction thereof and issue writs of certiorari pursuant to the provisions of the United States laws now in force or such as may be hereafter enacted. Sec. 26. Arbitration of Controversies.—a The trustee may, Arbitration of controversies.pursuant to the direction of the court, submit to arbitration any controversy arising in the settlement of the estate. b Three arbitrators shall be chosen by mutual consent, or one by the Arbitrators, appointment of.trustee, one by the other party to the controversy, and the third by the two so chosen, or if they fail to agree in five days after their appointment the court shall appoint the third arbitrator. c The written finding of the arbitrators, or a majority of them, as to Finding, force of.the issues presented, may be filed in court and shall have like force and effect as the verdict of a jury. Sec. 27. Compromises.—a The trustee may, with the approval of Compromises.the court, compromise any controversy arising in the administration of 554the estate upon such terms as he may deem for the best interests of the estate. Designation of newspapers. Sec. 28. Designation of Newspapers.—a Courts of bankruptcy shall by order designate a newspaper published within their respective territorial districts, and in the county in which the bankrupt resides or the major part of his property is situated, in which notices repaired to be published by this Act and orders which the court may direct to be published shall be inserted. Any court may in a particular case, for the convenience of parties in interest, designate some additional newspaper in which notices and orders in such ease shall be published. Offenses. —punishable by imprisonment not to exceed five years. Sec. 29. Offenses.—a A person shall be punished, by imprisonment for a period not to exceed five years, upon conviction of the offense of having knowingly and fraudulently appropriated to his own use, embezzled, spent, or unlawfully transferred any property or secreted or destroyed any document belonging to a bankrupt estate which came into his charge as trustee. —two years. b A person shall be punished, by imprisonment for a period not to exceed two years, upon conviction of the offense of having knowingly and fraudulently
(1)concealed while a bankrupt, or after his discharge, from his trustee any of the property belonging to his estate in bankruptcy; or
(2)made a false oath or account in, or in relation to, any proceeding in bankruptcy;
(3)presented under oath any false claim for proof against the estate of a bankrupt, or used any such claim in composition personally or by agent, proxy, or attorney, or as agent, proxy, or attorney; or
(4)received any material amount of property from a bankrupt after the tiling of the petition, with intent to defeat this Act; or
(5)extorted or attempted to extort any money or property from any person as a consideration for acting or forbearing to act in bankruptcy proceedings. —fine not exceeding $500, etc. c A person shall be punished by line, not to exceed five hundred dollars, and forfeit his office, and the same shall thereupon become vacant, upon conviction of the offense of having knowingly
(1)acted as a referee in a case in which he is directly or indirectly interested; or
(2)purchased, while a referee, directly or indirectly, any property of the estate in bankruptcy of which he is referee; or
(3)refused, while a referee or trustee, to permit a reasonable opportunity for the inspection of the accounts relating to the affairs of, and the papers and records of, estates in his charge by parties in interest when directed by the court so to do. Time for filing indictment. d A person shall not be prosecuted for any offense arising under this Act unless the indictment is found or the information is tiled in court within one year after the commission of the offense. Rules, forms, and orders. Supreme Court to prescribe. Sec. 30. Rules, Forms, and Orders.—a All necessary rules, forms, and orders as to procedure and for carrying this Act into force and effect shall be prescribed, and may be amended from time to time, by the Supreme Court of the United States. Computation of time. Sec. 31. Computation of Time.—a Whenever time is enumerated by days in this Act, or in any proceeding in bankruptcy, the number of days shall be computed by excluding the first and including the last, unless the last fall on a Sunday or holiday, in which event the day last included shall be the next day thereafter which is not a Sunday or a legal holiday. Transfer of cases. Sec. 32. Transfer of Cases.—a In the event petitions are filed against the same person, or against different members of a partnership, in different courts of bankruptcy each of which has jurisdiction, the cases shall be transferred, by order of the courts relinquishing jurisdiction, to and be consolidated by the one of such courts which can proceed with the same for the greatest convenience of parties in interest. 555 Charter V. officers, their duties and compensation. Officers, their duties and compensation. Sec. 3. Creation of Two Offices.—a The offices of referee and Referee and trustee, offices createdtrustee are hereby created. Sec. 34. Appointment, Removal, and Districts of Referees.—Referees.a Courts of bankruptcy shall, within the territorial limits of which they respectively have jurisdiction,
(1)appoint referees, each for a term of two years, and may, in their discretion, remove them because their services are not needed or for other cause; and
(2)designate, and from time to time change, the limits of the districts of referees, so that each county, where the services of a referee are needed, may constitute at least one district. Sec. 35. Qualifications of Referees.—a Individuals shall not —qualifications of.be eligible to appointment as referees unless they are respectively
(1)competent to perform the duties of that office;
(2)not holding any office of profit or emolument under the laws of the United States or of any State other than commissioners of deeds, justices of the peace, masters in chancery, or notaries public;
(3)not related by consanguinity or affinity, within the third degree as determined by the common law, to any of the judges of the courts of bankruptcy or circuit courts of the United States, or of the justices or judges of the appellate courts of the districts wherein they may be appointed; and
(4)residents of, or have their offices in, the territorial districts for which they are to be appointed. Sec. 36. Oaths of Office of Referees.—a Referees shall take —oaths of office.the same oath of office as that prescribed for judges of United States courts. Sec. 37. Number of Referees.—a Such number of referees shall —number of.be appointed as may be necessary to assist in expeditiously transacting the bankruptcy business pending in the various courts of bankruptcy. Sec. 38. Jurisdiction of Referees.—a Referees respectively are —jurisdiction specified.hereby invested, subject always to a review by the judge, within the limits of their districts as established from time to time, with jurisdiction to
(1)consider all petitions referred to them by the clerks and make the adjudications or dismiss the petitions;
(2)exercise the powers vested in courts of bankruptcy for the administering of oaths to and the ex and nation of persons as witnesses and for requiring the production of documents in proceedings before them, except the power of commitment;
(3)exercise the powers of the judge for the taking possession and releasing of the property of the bankrupt in the event of the issuance by the clerk of a certificate showing the absence of a judge from the judicial district, or the, division of the district, or his sickness, or inability to act;
(4)perform such part of the duties, except as to questions arising out of the applications of bankrupts for compositions or discharges, as are by this Act conferred on courts of bankruptcy and as shall be prescribed by rules or orders of the courts of bankruptcy of their respective districts, except as herein otherwise provided; and
(5)upon the application of the trustee during the ex and nation of the bankrupts, or other proceedings, authorize the employment of stenographers at the expense of the estates at a compensation not to exceed ten cents per folio for reporting and transcribing the proceedings. Sec. 39. Duties of Referees.—a Referees shall
(1)declare dividends and Duties of referees specified.prepare and deliver to trustees dividend sheets showing the dividends declared and to whom payable;
(2)examine all schedules of property and lists of creditors filed by bankrupts and cause such as are incomplete or defective to be amended;
(3)furnish such information concerning the estates in process of administration before them as may be requested by the parties in interest;
(4)give notices to creditors as herein provided;
(5)make up records embodying the evidence, or the substance thereof, as agreed upon by the parties in all contested matters arising before them, whenever requested to do so by either of the parties 556thereto, together with their findings therein, and transmit them to the judges;
(6)prepare and file the schedules of property and lists of creditors required to be tiled by the bankrupts, or cause the same to be done, when the bankrupts fail, refuse, or neglect to do so;
(7)safely keep, perfect, and transmit to the clerks the records, herein required to be kept by them, when the cases are concluded;
(8)transmit to the clerks such papers as may be on file before them whenever the same are needed in any proceedings in courts, and in like manner secure the return of such papers after they have been used, or, if it be impracticable to transmit the original papers, transmit certified copies thereof by mail;
(9)upon application of any party in interest, preserve the evidence taken or the substance thereof as agreed upon by the parties before them when a stenographer is not in attendance; and
(10)whenever their respective offices are in the same cities or towns where the courts of bankruptcy convene, call upon and receive from the clerks all papers filed in courts of bankruptcy which have been referred to them. Disqualification of referees. b Referees shall not
(1)act in cases in which they are directly or indirectly interested;
(2)practice as attorneys and counselors at law in any bankruptcy proceedings; or
(3)purchase, directly or indirectly, any property of an estate in bankruptcy. Compensation. Sec. 40. Compensation of Referees.—a Referees shall receive as full compensation for their services, payable after they are rendered, a fee of ten dollars deposited with the clerk at the time the petition is filed in each case, except when a fee is not required from a voluntary bankrupt, and from estates which have been administered before them one per centum commissions on sums to be paid as dividends and com missions, or one half of one per centum on the amount to be paid to creditors upon the confirmation of a composition. —on transfer from one to another referee. b Whenever a case is transferred from one referee to another the judge shall determine the proportion in which the fee and commissions therefor shall be divided between the referees. —revocation of reference, etc. c In the event of the reference of a case being revoked before it is concluded, and when the case is specially referred, the judge shall determine what part of the fee and commissions shall be paid to the referee. Contempts before referees. Sec. 41. Contempts before Referees.—a A person shall not, in proceedings before a referee,
(1)disobey or resist any lawful order, process, or writ;
(2)misbehave during a hearing or so near the place thereof as to obstruct the same;
(3)neglect to produce, after having been ordered to do so, any pertinent document: or
(4)refuse to appear after having been subpoenaed, or, upon appearing, refuse to take the oath as a witness, or, after having taken the oath, refuse to be examined *Proviso.* Attendance of witnesses.according to law: *Provided,* That no person shall be required to attend as a witness before a referee at a place outside of the State of his residence, and more than one hundred miles from such place of resilience, and only in case his lawful mileage and fee for one day’s attendance shall be first paid or tendered to him. Procedure on contempt. b The referee shall certify the facts to the judge, if any person shall do any of the things forbidden in this section. The judge shall there upon, in a summary manner, hear the evidence as to the acts complained —penalty.of, and, if it is such as to warrant him in so doing, punish such person in the same manner and to the same extent as for a contempt committed before the court of bankruptcy, or commit such person upon the same conditions as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the court. Records of referees —milliner of keeping. Sec. 42. Records of Referees.—a The records of all proceedings in each case before a referee shall be kept as nearly as may be in the same manner as records are now kept in equity eases in circuit courts of the United States. b A record of the proceedings in each case shall be kept in a separate book or books, and shall, together with the papers on file, constitute the records of the case. 557 c The book or books containing a record of the proceedings shall, —certificate.when the case is concluded before the referee, be certified to by him, and, together with such papers as are on file before him, be transmitted —transmission to court of bankruptcy.to the court of bankruptcy and shall there remain as a part of the records of the court. Sec. 43. Referee’s Absence or Disability.—a Whenever the Referee’s absence or disability.office of a referee is vacant, or its occupant is absent or disqualified to act, the judge may act, or may appoint another referee, or another referee holding an appointment under the same court may, by order of the judge, temporarily fill the vacancy. Sec. 44. Appointment of Trustees.—a The creditors of a bankrupt Trustees. —appointment of.estate shall, at their first meeting after the adjudication or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, or if there is a vacancy in the office of trustee, appoint one trustee or three trustees of such estate. If the creditors do not appoint a trustee or trustees as herein provided, the court shall do so. Sec. 45. Qualifications of Trustees.—a Trustees may be
(1)—qualifications of.individuals who are respectively competent to perform the duties of that office, and reside or have an office in the judicial district within which they are appointed, or
(2)corporations authorized by their charters or by law to act in such capacity and having an office in the judicial district within which they are appointed. Sec. 46. Death or Removal of Trustees.—a The death or —death or removal.removal of a trustee shall not abate any suit or proceeding which he is prosecuting or defending at the time of his death or removal, but the same may be proceeded with or defended by his joint trustee or successor in the same manner as though the same had been commenced or was being defended by such joint trustee alone or by such successor. Sec. 47. Duties of Trustees.—a Trustees shall respectively
(1)—duties specified.account for and pay over to the estates under their control all interest received by them upon property of such estates;
(2)collect and reduce to money the property of the estates for which they are trustees, under the direction of the court, and close up the estate as expeditiously as is compatible with the best interests of the parties in interest;
(3)deposit all money received by them in one of the designated depositories;
(4)disburse money only by check or draft on the depositories in which it has been deposited;
(5)furnish such information concerning the estates of which they are trustees and their administration as may be requested by parties in interest;
(6)keep regular accounts showing all amounts received and from what sources and all amounts expended and on what accounts;
(7)lay before the final meeting of the creditors detailed statements of the administration of the estates;
(8)make final reports and file final accounts with the courts fifteen days before the days fixed for the final meetings of the creditors;
(9)pay dividends within ten days after they are declared by the, referees;
(10)report to the courts, in writing, the condition of the estates and the amounts of money on hand, and such other details as may be required by the courts, within the first month after their appointment and every two months thereafter, unless otherwise ordered by the courts; and
(11)set apart the bankrupt’s exemptions and report the items and estimated value thereof to the court as soon as practicable after their appointment. b Whenever three trustees have been appointed for an estate, the Concurrence of two out of three trustees necessary.concurrence of at least two of them shall be necessary to the validity of their every act concerning the administration of the estate. Sec. 48. Compensation of Trustees.—a Trustees shall receive, as Compensation.full compensation for their services, payable after they are rendered, a fee of five dollars deposited with the clerk at the time the petition is —fees.filed in each case, except when a fee is not required from a voluntary bankrupt, and from estates which they have administered, such commissions —commissions.on sums to be paid as dividends and commissions as may be allowed by the courts, not to exceed three per centum on the first five thousand dollars or less, two per centum on the second five thousand 558dollars or part thereof, and one per centum on such sums in excess of ten thousand dollars. —apportionment between three trustees. b In the event of an estate being administered by three trustees instead of one trustee or by successive trustees, the court shall apportion the fees and commissions between them according to the services actually rendered, so that there shall not be paid to trustees for the administering of any estate a greater amount than one trustee would be entitled to. Compensation withheld. c The court may, in its discretion, withhold all compensation from any trustee who has been removed for cause. Accounts and papers of trustees, inspection of. Sec. 49. Accounts and Papers of Trustees.—a The accounts and papers of trustees shall be open to the inspection of officers and all parties in interest. Bonds of referees. Sec. 50. Bonds of Referees and Trustees.—a Referees, before assuming the duties of their offices, and within such time as the district courts of the United States having jurisdiction shall prescribe, shall respectively qualify by entering into bond to the United States in such sum as shall be fixed by such courts, not to exceed five thousand dollars, with such sureties as shall be approved by such courts, conditioned for the faithful performance of their official duties. —trustees. b Trustees, before entering upon the performance of their official duties, and within ten days after their appointment, or within such further time, not to exceed five days, as the court may permit, shall respectively qualify by entering into bond to the United States, with such sureties as shall be approved by the courts, conditioned for the faithful performance of their official duties. —fixing amount of. c The creditors of a bankrupt estate, at their first meeting after the adjudication, or after a vacancy has occurred in the office of trustee, or after an estate has been reopened, or after a composition has been set aside or a discharge revoked, if there is a vacancy in the office of trustee, shall fix the amount of the bond of the trustee; they may at any time increase the amount of the bond. If the creditors do not fix the amount of the bond of the trustee as herein provided the court shall do so. Sureties. d The court shall require evidence as to the actual value of the property of sureties. e There shall be at least two sureties upon each bond. f The actual value of the property of the sureties, over and above their liabilities and exemptions, on each bond shall equal at least the amount of such bond. —corporations may act. g Corporations organized for the purpose of becoming sureties upon bonds, or authorized by law to do so, maybe accepted as sureties upon the bonds of referees and trustees whenever the courts are satisfied that the rights of all parties in interest will be thereby amply protected. Filing bonds, etc. h Bonds of referees, trustees, and designated depositories shall be filed of record in the office of the clerk of the court and may be sued upon in the name of the United States for the use of any person injured by a breach of their conditions. Personal liability of trustees. i Trustees shall not be liable, personally or on their bonds, to the United States, for any penalties or forfeitures incurred by the bankrupts under this Act, of whose estates they are respectively trustees. Bond of joint trustees. j Joint trustees may give joint or several bonds. Failure to give bond. k If any referee or trustee shall fail to give bond, as herein provided and within the time limited, he shall be deemed to have declined bis appointment, and such failure shall create a vacancy in his office. Suits on bond. l Suits upon referees’ bonds shall not be brought subsequent to two years after the alleged breach of the bond. m Suits upon trustees’ bonds shall not be brought subsequent to two years after the estate has been closed. Duties of clerks specified. Sec. 51. Duties of Clerks.—a Clerks shall respectively
(1)account for, as for other fees received by them, the clerk’s fee paid in each case and such other fees as may be received for certified copies of records which may be prepared for persons other than officers;
(2)collect 559the fees of the clerk, referee, and trustee in each case instituted before filing the petition, except the petition of a proposed voluntary bankrupt which is accompanied by an affidavit stating that the petitioner is without, and can not obtain, the money with which to pay such fees;
(3)deliver to the referees upon application all papers which may be referred to them, or, if the offices of such referees are not in the same cities or towns as the offices of such clerks, transmit such papers by mail, and in like manner return papers which were received from such referees after they have been used;
(4)and within ten days after each case has been closed pay to the referee, if the case was referred, the fee collected for him, and to the trustee the tee collected for him at the time of filing the petition. Sec. 52. Compensation of Clerks and Marshals.—a Clerks shall Compensation or clerks.respectively receive as full compensation for their service to each estate, a filing fee of ten dollars, except when a fee is not required from a voluntary bankrupt. b Marshals shall respectively receive from the estate where an adjudication —of marshals.in bankruptcy is made, except as herein otherwise provided, for the performance of their services in proceedings in bankruptcy, the same fees, and account for them in the same way, as they are entitled to receive for the performance of the same or similar services in other cases in accordance, with laws now in force, or such as may be, hereafter enacted, fixing the compensation of marshals. Sec. 53. Duties of Attorney-General.—a The Attorney-General Attorney-General to furnish Congress with statistics.shall annually lay before Congress statistical tables showing for the whole country, and by States, the number of cases during the year of voluntary and involuntary bankruptcy; the amount of the property of the estates; the dividends paid and the expenses of administering such estates; and such other like information as he may deem important. Sec. 54. Statistics of Bankruptcy Proceedings.—a Officers —to be furnished with statistics by officers.shall furnish in writing and transmit by mail such information as is within their knowledge, and as may be shown by the records and papers in their possession, to the Attorney-General, for statistical purposes, within ten days after being requested by him to do so. Chapter VI. creditors. Creditors. Sec. 55. Meetings of Creditors.—a The court shall cause the first Meetings of, time and place.meeting of the creditors of a bankrupt to be held, not less than ten nor more than thirty days after the adjudication, at the county seat of the county in which the bankrupt has had his principal place of business, resided, or had his domicile; or if that place would be manifestly inconvenient as a place of meeting for the parties in interest, or if the bankrupt is one who does not do business, reside, or have his domicile within the United States, the court shall fix a place for the meeting which is the most convenient for parties in interest. If such meeting should by any mischance not be held within such time, the court shall fix the date, as soon as may be thereafter, when it shall be held. b At the first meeting of creditors the judge or referee shall preside, Presiding officer, powers.and, before proceeding with the other business, may allow or disallow the claims of creditors there presented, and may publicly examine the bankrupt or cause him to be examined at the instance of any creditor. c The creditors shall at each meeting take such steps as may be Duties of creditors.pertinent and necessary for the promotion of the best interests of the estate and the enforcement of this Act. d A meeting of creditors, subsequent to the first one, may be held at Subsequent meetings on consent of creditor.any time and place when all of the creditors who have secured the allowance of their claims sign a written consent to hold a meeting at such time and place. 560 Call of meeting by court. e The court shall call a meeting of creditors whenever one-fourth or more in number of those who have proven their claims shall file a written request to that effect; if such request is signed by a majority of such creditors, which number represents a majority in amount of such claims, and contains a request for such meeting to be held at a designated place, the court shall call such meeting at such place within thirty days after the date of the filing of the request. Final meeting. f Whenever the affairs of the estate are ready to be closed a final meeting of creditors shall be ordered. Voters at meetings. Sec. 56. Voters at Meetings of Creditors.—a Creditors shall pass upon matters submitted to them at their meetings by a majority vote in number and amount of claims of all creditors whose claims have been allowed and are present, except as herein otherwise provided. Secured creditors. b Creditors holding claims which are secured or have priority shall not, in respect to such claims, be entitled to vote at creditors' meetings, nor shall such claims be counted in computing either the number of creditors or the amount of their claims, unless the amounts of such claims exceed the values of such securities or priorities, and then only for such excess. Proof of claims, what to consist of. Sec. 57. Proof and Allowance of Claims.—a Proof of claims shall consist of a statement under oath, in writing, signed by a creditor setting forth the claim, the consideration therefor, and whether any, and, if so what, securities are held therefor, and whether any, and, if so what, payments have been made thereon, and that the sum claimed is justly owing from the bankrupt to the creditor. Production of instrument on which claim is founded. b Whenever a claim is founded upon an instrument of writing, such instrument, unless lost or destroyed, shall be filed with the proof of claim. If such instrument is lost or destroyed, a statement of such fact and of the circumstances of such loss or destruction shall be tiled under oath with the claim. After the claim is allowed or disallowed, such instrument may be withdrawn by permission of the court, upon leaving a copy thereof on tile with the claim. Filing of claims for allowance. c Claims after being proved may, for the purpose of allowance, be filed by the claimants in the court where the proceedings are pending or before the referee if the case has been referred. Allowance of claims. d Claims which have been duly proved shall be allowed, upon receipt by or upon presentation to the court, unless objection to their allowance shall be made by parties in interest, or their consideration be continued for cause by the court upon its own motion. Secured creditors. e Claims of secured creditors and those who have priority may be allowed to enable such creditors to participate in the proceedings at creditors’ meetings held prior to the determination of the value of their securities or priorities, but shall be allowed for such sums only as to the courts seem to be owing over and above the value of their securities or priorities. Objections to claims, determination of. f Objections to claims shall be heard and determined as soon as the convenience of the court and the best interests of the estates and the claimants will permit. Preferred creditors. g The claims of creditors who have received preferences shall not be allowed unless such creditors shall surrender their preferences. Determination of value of securities of secured creditors. h The value of securities held by secured creditors shall be determined by converting the same into money according to the terms of the agreement pursuant to which such securities were delivered to such creditors or by such creditors and the trustee, by agreement, arbitration, compromise, or litigation, as the court may direct, and the amount of such value shall be credited upon such claims, and a dividend shall be paid only on the unpaid balance. Claims secured by individual undertaking of another, etc. i Whenever a creditor, whose chum against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person may do so in the creditor’s name, and if he discharge such undertaking in whole or in part he shall be subrogated to that extent to the rights of the creditor. 561 j Debts owing to the United States, a State, a county, a district, or Certain debts not allowed.a municipality as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby and such interest as may have accrued thereon according to law. k Claims which have been allowed may be reconsidered for cause and Reconsideration of allowed claims.reallowed or rejected in whole or in part, according to the equities of the case, before but not after the estate has been closed. l Whenever a claim shall have been reconsidered and rejected, in Reconsideration of claims on which dividend has been paid, etc.whole or in part, upon which a dividend has been paid, the trustee may recover from the creditor the amount of the dividend received upon the claim if rejected in whole, or the proportional part thereof if rejected only in part. m The claim of any estate which is being administered in bankruptcy Claims of one bankrupt estate against another.against any like estate may be proved by the trustee and allowed by the court in the same manner and upon like terms as the claims of other creditors. n Claims shall not be proved against a bankrupt estate subsequent to Limit of time for proving claims.one year after the adjudication; or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such time, then within sixty days after the rendition of such judgment: *Provided,* That the right of infants and insane *Proviso.* —infants, etc.persons without guardians, without notice of the proceedings, may continue six months longer. Sec. 58. Notices to Creditors.—a Creditors shall have at least Notices to creditors.ten days’ notice by mail, to their respective addresses as they appear in the list of creditors of the bankrupt, or as afterwards filed with the papers in the ease by the creditors, unless they waive notice in writing, of
(1)all examinations of the bankrupt;
(2)all hearings upon applications for the confirmation of compositions or the discharge of bankrupts;
(3)all meetings of creditors;
(4)all proposed sales of property;
(5)the declaration and time of payment of dividends;
(6)the filing of the final accounts of the trustee, and the time when and the place where they will be examined and passed upon;
(7)the proposed compromise of any controversy, and
(8)the proposed dismissal of the proceedings. b Notice to creditors of the first meeting shall be published at least Publication of notices.once and may be published such number of additional times as the court may direct; the last publication shall be at least one week prior to the date fixed for the meeting. Other notices may be published as the court shall direct. c All notices shall be given by the referee, unless otherwise ordered by the judge. By whom notice is given. Sec. 59. Who may File and Dismiss Petitions.—a Any qualified Who may tile petitions. —voluntary bankrupt. —involuntary.person may file a petition to be adjudged a voluntary bankrupt. b Three or more creditors who have provable claims against any person which amount in the aggregate, in excess of the value of securities held by them, if any, to five hundred dollars or over; or if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt. c Petitions shall be filed in duplicate, one copy for the clerk and one for service on the bankrupt. —filing in duplicate. d If it be averred in the petition that the creditors of the bankrupt Joining in petition of sufficient number of creditors.are less than twelve in number, and less than three creditors have joined as petitioners therein, and the answer avers the existence of a larger number of creditors, there shall be filed with the answer a list under oath of all the creditors, with their addresses, and thereupon the court shall cause all such creditors to be notified of the pendency of such petition and shall delay the hearing upon such petition for a reasonable time, to the end that parties in interest shall have an opportunity to be heard; if upon such hearing it shall appear that a sufficient number have joined in such petition, or if prior to or during such hearing a 562sufficient number shall join therein, the case may be proceeded with, but otherwise it shall be dismissed. —computation of number, certain creditors not counted. e In computing the number of creditors of a bankrupt for the purpose of determining how many creditors must join in the petition, such creditors as were employed by him at the time of the tiling of the petition or are related to him by consanguinity or affinity within the third degree, as determined by the common law, and have not joined in the petition, shall not be counted. Appearance of creditors other than original petitioners. f Creditors other than original petitioners may at any time enter their appearance and join in the petition, or file an answer and be heard in opposition to the prayer of the petition. Dismissal of petition. g A voluntary or involuntary petition shall not be dismissed by the petitioner or petitioners or for want of prosecution or by consent of parties until after notice to the creditors. Preferred creditors, how constituted. Sec. 60. Preferred Creditors.—a A person shall be deemed to have given a preference if, being insolvent, he has procured or suffered a judgment to be entered against himself in favor of any person, or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. Preference voidable. b If a bankrupt shall have given a preference within four months before the tiling of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person. Set off of new unseen red credit to debtor, etc. c If a creditor has been preferred, and afterwards in good faith gives the debtor further credit without security of any kind for property which becomes a part of the debtor’s estates, the amount of such new credit remaining unpaid at the time of the adjudication in bankruptcy may be set off against the amount which would otherwise be recover able from him. Payment to attorney a, etc., by debtors about to file petition. d If a debtor shall, directly or indirectly, in contemplation of the filing of a petition by or against him, pay money or transfer property to an attorney and counselor at law, solicitor in equity, or proctor in admiralty for services to be rendered, the transaction shall be reexamined by the court on petition of the trustee or any creditor and shall only be held valid to the extent of a reasonable amount to be determined by the court, and the excess may be recovered by the trustee for the benefit of the estate. Chapter VII. estates. Estates. Depositories for money. Sec. 61. Depositories for Money.—a Courts of bankruptcy shall designate, by order, banking institutions as depositories for the money of bankrupt estates, as convenient as may be to the residences of trustees, and shall require bonds to the United States, subject to their approval, to be given by such banking institutions, and may from time to time as occasion may require, by like order increase the number of depositories or the amount of any bond or change such depositories. Expenses of administering estates. Sec. 62. Expenses of Administering Estates.—a The actual and necessary expenses incurred by officers in the administration of estates shall, except where other provisions are made for their payment, be reported in detail, under oath, and examined and approved or disapproved by the court. If approved, they shall be paid or allowed out of the estates in which they were incurred. Debts which may be proved. Sec. 63. Debts which may be Proved.—a Debts of the bankrupt may be proved and allowed against his estate which are
(1)a fixed 563liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest;
(2)due as costs taxable against an involuntary bankrupt who was at the time of the filing of the petition against him plaintiff in a cause of action which would pass to the trustee and which the trustee declines to prosecute after notice;
(3)founded upon a claim for taxable costs incurred in good faith by a creditor before the filing of the petition in an action to recover a provable debt;
(4)founded upon an open account, or upon a contract express or implied; and
(5)founded upon provable debts reduced to judgments after the filing of the petition and before the consideration of the bankrupt’s application for a discharge, less costs incurred and interests accrued after the filing of the petition and up to the time of the entry of such judgments. b Unliquidated claims against the bankrupt may, pursuant to application Proof and allowance of unliquidated claim.to the court, be liquidated in such manner as it shall direct, and may thereafter be proved and allowed against his estate. Sec. 64. Debts which have Priority.—a The court shall order Debts which have priority. —payment of taxes.the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors, and upon filing the receipts of the proper public officers for such payment he shall be credited with the amount thereof, and in case any question arises as to the amount or legality of any such tax the same shall be heard and determined by the court. b The debts to have priority, except as herein provided, and to be —debts specified.paid in full out of bankrupt estates, and the order of payment shall be
(1)the actual and necessary cost of preserving the estate subsequent to filing the petition;
(2)the filing fees paid by creditors in involuntary cases;
(3)the cost of administration, including the fees and mileage payable to witnesses as now or hereafter provided by the laws of the United States, and one reasonable attorney’s fee, for the professional services actually rendered, irrespective of the number of attorneys employed, to the petitioning creditors in involuntary cases, to the bankrupt in involuntary cases while performing the duties herein pre scribed, and to the bankrupt in voluntary cases, as the court may allow;
(4)wages due to workmen, clerks, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant; and
(5)debts owing to any person who by the laws of the States or the United States is entitled to priority. c In the event of the confirmation of a composition being set aside, Disposition of bankrupt’s property acquired after composition, continuation of which is set aside.or a discharge revoked, the property acquired by the bankrupt in addition to his estate at the time the composition was confirmed or the adjudication was made shall be applied to the payment in full of the claims of creditors for property sold to him on credit, in good faith, while such composition or discharge was in force, and the residue, if any, shall be applied to the payment of the debts which were owing at the time of the adjudication. Sec. 65. Declaration and Payment of Dividends.—a Dividends Declaration and payment of dividends.of an equal per centum shall be declared and paid on all allowed claims, except such as have priority or are secured. b The first dividend shall be declared within thirty days after the —first dividend.adjudication, if the money of the estate in excess of the amount necessary to pay the debts which have priority and such claims as have not been, but probably will be, allowed equals five per centum or more of such allowed claims. Dividends subsequent to the first shall be declared —subsequent dividends.upon like terms as the first and as often as the amount shall equal ten per centum or more and upon closing the estate. Dividends may be declared oftener and in smaller proportions if the judge shall so order. 564 Creditors receiving dividends, etc., unaffected by allowance of claims subsequent to their date, etc. c The rights of creditors who have received dividends, or in whose favor final dividends have been declared, shall not be affected by the proof and allowance of claims subsequent to the date of such payment or declarations of dividends; but the creditors proving and securing the allowance of such claims shall be paid dividends equal in amount to those already received by the other creditors if the estate equals so much before such other creditors are paid any further dividends. Preference to certain creditors of one adjudged bankrupt within and without the United States. d Whenever a person shall have been adjudged a bankrupt by a court without the United States and also by a court of bankruptcy, creditors residing within the United States shall first be paid a dividend equal to that received in the court without the United States by other creditors before creditors who have received a dividend in such courts shall be paid any amounts. Limit of claimant’s right to collect. e A claimant shall not be entitled to collect from a bankrupt estate any greater amount than shall accrue pursuant to the provisions of this Act. Unclaimed dividends. Sec. 66. Unclaimed Dividends.—a Dividends which remain unclaimed for six months after the final dividend has been declared shall be paid by the trustee into court. b Dividends remaining unclaimed for one year shall, under the direction of the court, be distributed to the creditors whose claims have been allowed but not paid in full, and after such claims have been paid in *Proviso.* —minors.full the balance shall be paid to the bankrupt: *Provided,* That in case unclaimed dividends belong to minors such minors may have one year after arriving at majority to claim such dividends. Liens. Certain claims not to be liens. Sec. 67. Liens.—a Claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate. Trustee subrogated to rights of creditor. b Whenever a creditor is prevented from enforcing his rights as against a lien created, or attempted to be created, by his debtor, who afterwards becomes a bankrupt, the trustee of the estate of such bankrupt shall be subrogated to and may enforce such rights of such creditor for the benefit of the estate. Lien, judgment etc., created within four months of petition to be dissolved. c A lien created by or obtained in or pursuant to any suit or proceeding at law or in equity, including an attachment upon mesne process or a judgment by confession, which was begun against a person within four months before the filing of a petition in bankruptcy by or against such person shall be dissolved by the adjudication of such person to be —if defendant was insolvent.a bankrupt if
(1)it appears that said lieu was obtained and permitted while the defendant was insolvent and that its existence and enforcement —knowledge of.will work a preference, or
(2)the party or parties to be benefited thereby had reasonable cause to believe the defendant was insolvent —through fraud.and in contemplation of bankruptcy, or
(3)that such lien was sought and permitted in fraud of the provisions of this Act; or if the dissolution of such lien would militate against the best interests of the estate —trustee subrogated.of such person the same shall not be dissolved, but the trustee of the estate of such person, for the benefit of the estate, shall be subrogated to the rights of the holder of such lien and empowered to perfect and enforce the same in his name as trustee with like force and effect as such holder might have done had not bankruptcy proceedings intervened. Liens not affected by this act. d Liens given or accepted in good faith and not in contemplation of or in fraud upon this Act, and for a present consideration, which have been recorded according to law, if record thereof was necessary in order to impart notice, shall not be affected by this Act. Conveyances, etc., subsequent to act and within four months of petition. e That all conveyances, transfers, assignments, or incumbrances of his property, or any part thereof, made or given by a person adjudged a bankrupt under the provisions of this Act subsequent to the passage of this Act and within four months prior to the filing of the petition, —to defraud, etc., void.with the intent and purpose on his part to hinder, delay, or defraud his creditors, or any of them, shall be null and void as against the creditors of such debtor, except as to purchasers in good faith and for a present —properly remains part of assets.fair consideration; and all property of the debtor conveyed, transferred, assigned, or encumbered as aforesaid shall, if he be adjudged a bank-565rupt, and the same is not exempt from execution and liability for debts by the law of his domicile, be and remain a part of the assets and estate of the bankrupt and shall pass to his said trustee, whose duty it shall be to recover and reclaim the same by legal proceedings or otherwise for the benefit of the creditors. And all conveyances, transfers, or Conveyances within four months of petition, void under State laws.incumbrances of his property made by a debtor at any time within four months prior to the filing of the petition against him, and while insolvent, which are held null and void as against the creditors of such debtor by the laws of the State, Territory, or District in which such property is situate, shall be deemed null and void under this Act against —void under this act.the creditors of such debtor if he be adjudged a bankrupt, and such property shall pass to the assignee and be by him reclaimed and recovered for the benefit of the creditors of the bankrupt. f That all levies, judgments, attachments, or other liens, obtained Liens, etc., created through legal proceedings.through legal proceedings against a person who is insolvent, at any time within four months prior to the tiling of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a —void, etc. —property passes to trustee.bankrupt, and the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lieu shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as afore said. And the court may order such conveyance as shall be necessary —court may order conveyances. *Proviso.* Purchaser for value.to carry the purposes of this section into effect: *Provided,* That nothing herein contained shall have the effect to destroy or impair the title obtained by such levy, judgment, attachment, or other lien, of a bona fide purchaser for value who shall have acquired the same without notice or reasonable cause for inquiry. Sec. 68. Set-Offs and Counterclaims.—a In all cases of mutual Set-offs and counterclaims.debts or mutual credits between the estate of a bankrupt and a creditor the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid. b A set-off or counterclaim shall not be allowed in favor of any debtor —not allowed.of the bankrupt which
(1)is not provable against the estate; or
(2)was purchased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy. Sec. 69. Possession of Property.—a A judge may, upon satisfactory Possession of property. —seizure of bankrupt’s property.proof, by affidavit, that a bankrupt against whom an involuntary petition has been filed and is pending has committed an act of bankruptcy, or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deteriorating or is about thereby to deteriorate in value, issue a warrant to the marshal to seize and hold it subject to further orders. Before such warrant —petitioners to give bond.is issued the petitioners applying therefor shall enter into a bond in such an amount as the judge shall fix, with such sureties as he shall approve, conditioned to indemnify such bankrupt for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained. Such property shall be released, if such bankrupt —release of property.shall give bond in a sum which shall be fixed by the judge, with such sureties as he shall approve, conditioned to turn over such property, or pay the value thereof in money to the trustee, in the event he is adjudged a bankrupt pursuant to such petition. Sec. 70. Title to Property.—a The trustee of the estate of a bankrupt, Title to property. —to be in trustee.upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt, except in —except, etc.so far as it is to property which is exempt, to all
(1)documents relating 566to his property;
(2)interests in patents, patent rights, copyrights, and trade-marks;
(3)powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person;
(4)property transferred by him in fraud of his creditors;
(5)property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold *Proviso.* Insurance policies, etc.under judicial process against him: *Provided,* That when any bankrupt shall have any insurance policy which has a cash surrender value pay able to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under the bankruptcy proceedings, otherwise the policy shall pass to the trustee as assets; and
(6)rights of action arising upon contracts or from the unlawful taking or detention of, or injury to, his property. Appraisal of bankrupt estates. b All real and personal property belonging to bankrupt estates shall be appraised by three disinterested appraisers; they shall be appointed —sale.by, and report to, the court. Real and personal property shall, when practicable, be sold subject to the approval of the court; it shall not be sold otherwise than subject to the approval of the court for less than seventy-five per centum of its appraised value. Conveyance of title. c The title to property of a bankrupt estate which has been sold, as herein provided, shall be conveyed to the purchaser by the trustee Revocation of discharge, etc., title of estate in trustee. d Whenever a composition shall be set aside, or discharge revoked, the trustee shall, upon his appointment and qualification, be vested as herein provided with the title to all of the property of the bankrupt as —date.of the date of the final decree setting aside the composition or revoking the discharge. Avoidance of transfer by bankrupt of his property. —recovery of property. e The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication. Such property may be recovered or its value collected from whoever may have received it, except a bona fide holder for value. Title revested on continuation of composition. f Upon the confirmation of a composition offered by a bankrupt, the title to his property shall thereupon revest in him. the time when this act shall go into effect. Act to take effect on passage. *Proviso.* Filing of petition for voluntary bankruptcy. —involuntary. a This Act shall go into full force and effect upon its passage: *Provided, however,* That no petition for voluntary bankruptcy shall be filed within one month of the passage thereof, and no petition for involuntary bankruptcy shall be filed within four months of the passage thereof. Pending cases under State laws unaffected. b Proceedings commenced under State insolvency laws before the passage of this Act shall not be affected by it. Approved, July 1, 1898.
Connectionstraces to 1
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  • 30 Stat. 520
  • 30 Stat. 521
  • 30 Stat. 522
  • 30 Stat. 525
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cites case law
Chapter 197
Stat.Public Law 243
Stat.30 Stat. 520
Stat.30 Stat. 521
Stat.30 Stat. 522
Stat.30 Stat. 525
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